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COPXRIGinr DEPOSIT. 



Pennsylvania 
Common School Law 



—BY- 



CHESTER C. ^ASHORE, LL. B. 

Of the Cumberland County Bar 



SUPREME COURT. 



SONEY & SAGE 

Newark, New Jersey 

1906 



LIBRARY of CONGRESS 

NOV 24 «yy6 



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Copyright, 1906 

BY 

Chester C. Bashore 



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TO THE 
TEACHERS, DIRECTORS AND PATRONS 

— OF— 

THE COMMON SCHOOLS 

—OF THE— 

STATE OF PENNSYLVANIA, 
THIS BOOK IS RESPECTFULLY INSCRIBED 



PREFACE 



Within recent years the people of Pennsylvania have 
manifested a deep interest in the canse of education, and 
this work is presented with the hope that it may be of 
value to those who may desire more knowledge upon the 
subject. 

As the common school law of Pennsylvania is purely 
statutory, it has been the plan of the author to give the 
Acts of Assembly bearing on a given subject, following- 
said acts by the decision of the courts relating to them. 

It is with much hesitancy that this work is submitted 
to the public, but if it serves as an aid to those investigat- 
ing the subject, the author will feel amply justified in his 
labors. 

The writer acknowledges his indebtedness to Arthur 
L. Reeser, LL. B., for his valuable assistance. 

Chester C. Bashore. 
Carlisle, Pa., September i, 1906. 



TABLE OF CONTENTS 

CHAPTER I. 

COMMON vSCHOOL DISTRICTS. 

PACK 

1. Creation of i 

2. Every township, borough and city a school district 2 

3. vShall elect assessors 2 

4. Consolidated districts. Powers of controllers 3 

5. Terms of directors elected. Courts nia\' increase number to 

three for each ward 4 

6. Independent districts. Creation of 4 

7. When districts become independent. Powers of new board 5 

8. Collection of taxes 5 

9. Against formation 5 

10. How to abolish independent districts 5 

11. Abolish whole districts 6 

12. Classification of school districts 6 

13. First class 6 

14. Second class 6 

15. Third class 6 

16. Fourth class 6 

17. Population of different classes of cities. First class 6 

18. vSecond class 6 

19. Third class 6 

CHAPTER n. 

CHANGES IN SCHOOL DIvSTRICTS. 

20. When alteration or abolition takes place 7 

21. Apportionment of existing debt 8 

22. Cutting borough out of township 8 

23. District municipal corporation 9 

24. Board of Health 9 

25. When cutting boroughs out of townships does not create new 

school districts 9 

26. Division of property upon formation of new districts 10 

27. Act of 1862 is a remedial law 11 

28. Division of propert}- 11 

29. Division of state appropriation 11 

30. Division of property upon the enlargement of school districts.. 11 

31. Annexation of land 12 

32. Purpose of act 13 

^^. Contents of petition 13 

34- Report of viewers 13 

35. When court may set aside decree 13 

36. Proper proceedings 14 

37. Territor}- becomes part of new district 14 



vi TABLE OF CONTENTvS, Continued 

Pagk. 

38. Merj^er of township, Rights and liabilities 14 

39. Certification of new districts 15 

40. Tax cannot be levied while proceedings are pending 15 

41. Duty of commissioners : 15 

42. Borough school districts 16 

43. Constitution 16 

44. Due compensation 16 

45. Court shall adjust and apportion indebtedness 16 

46. Trial by j ury 18 

47. No authority in new district 18 

48. Notice to persons having claims against the district 18 

49. Riiles for collection and payment 18 

50. Court may appoint receiver. Duty of receiver 19 

51. How indebtedness shall be credited. How balance shall be 

credited 19 

52. Enforcement of orders and decrees 19 

53. When township is merged into one borough 20 



CHAPTER III. 

POWERS AND LIABILITIES OF SCHOOL DISTRICTS. 

55. May sue and be sued 21 

56. To purchase or sell real estate 21 

57. Directors shall have no interest in property purchased 22 

58. Real estate held in trui^t 22 

59. Conveyance of real estate to school district by sur\iving 

trustees 22 

60. Deeds, how executed 23 

61. Suits by and against school districts 23 

62. How summons must be made 23 

63. Negligence 23 

64. Statutory power of officers 24 

65. Execution against school districts 24 

66. Remedy 25 

67. Special writ on execution 25 

68. Return 25 

69. When attachment is premature 25 

70. Execution on judgment 25 

71. Evidence for school district 26 

72. Procedure on a judgment rendered by a justice of the peace or 

alderman against a school district 26 

73. Record of certificate 26 

74. Fee 27 

75. Failure to comply with the act. Records and transcripts 27 



CHAPTER IV. 
ELECTION OF DIRECTORS; FILLING OF VACANCIES. 

76. Creation of school boards 28 

77. Not municipal officers 29 

78. Election of school directors. Term of office 29 



TABLE OF CONTENTS, Continued vii 

PAGE 

79. Petition. Increase of number of directors 29 

80. Vacancies. Term 30 

81. Election of school directors in boroughs not divided into wards 30 

82. Election of school directors in boroughs not divided into wards 30 

83. Designation on ballot 31 

84. Vacancies 31 

85. Directors elected under former laws 31 

86. Appointment by the court 31 

87. Borough school directors 32 

88. Election of directors in independent districts 33 

89. Election of directors for different terms. Use of " stickers ".. 33 

90. Returns of election, how made 34 

91. Contested elections, how decided 34 

92. Filling vacancies at any election 34 

93. Purpose of the act 35 

94. When school board fills vacancy 35 

95. Meaning of the word "otherwise" 35 

96. Filling of vacancies by the board 35 

97. Expiration of term of appointment 36 

98. Written resignation 36 

99. Decreasing the number of school directors to two 37 

100. Election after such decrease '. 37 

loi. How to decide tie vote 37 

102. Duty of school board to act and determine a director's right to 

a seat when there is a tie vote 38 

103. Women eligible to ofl&ce of school director 40 

104. Legal residences 40 

105. Vacancies without resignation 40 

106. Adopting city charter 40 

107. Title of school director 40 

108. Directors exempt from serving in certain officer 41 

109. Incompatibility of ofl&cers 41 

no. School director can act as judge 41 



CHAPTER V. 

ORGANIZATION OF BOARDS OF DIRECTORS AND CON- 
TROLLERS. OFFICERS AND DUTIES. 

116. When board shall organize 43 

117. Factional organization 43 

118. Oath of office 45 

119. Officers of the board 45 

120. Business at meeting of organization 46 

131. Election of secretary 46 

122. How to determine the rights of rival candidates 46 

123. Certificate of election 47 

124. Commencement of term 47 

125. When term expires 47 

126. Duties of officers. The president 48 



viii TABLE OF CONTENTS, Continued 

PAGE 

127. Deeds and contracts 48 

128. Orders 48 

129. President cannot emplo)' teachers 48 

130. President cannot employ attorney 48 

131. President's duties at close of school year 49 

132. President's liability 50 

133. The secretary. Duties. Compensation 50 

134. Names and addresses 50 

135. Countersign 50 

136. Monthly reports 51 

137. End of the term 51 

138. Last adjusted valuation 51 

139. Duplicate 5^ 

140. " Pennsylvania School Journal " 51 

141. Deeds, contracts, etc 51 

142. Required to sign orders 51 

143. May receive a salary 52 

144. No extra compensation 52 

145. Treasurer cannot be secretary 52 

146. Duty of secretary after annual appointment of teachers 52 

147. The treasurer. Bond. Powers and duties 52 

148. When to enter office 53 

149. Payment of orders 53 

150. Teachers' rights 53 

151. Violation of duty of treasurer to purchase school orders 53 

152. Orders on the treasurer 53 

153. Executions. Manner of payment 53 

154. Reappointment of treasurer 54 

155. Settlement 54 

156. Settlement by the auditors ■. 54 

157. Treasurers' accounts in independent districts 54 

158. Percentage 54 

159. Liability of treasurer for failure to pay money to successor 54 

160. Embezzlement 54 

161. Annual settlement of treasurer 55 

162. When settlemeiit is conclusive 55 

163. Erroneous surcharge of treasurer. Remedy 55 

164. Bank 55 

165. Unlawful payment. When treasurer liable 55 

166. No discretionary power of treasurer 55 

167. Penalty for failure of treasurer to pay over funds 56 

168. Power to remove treasurer 56 



CHAPTER VI. 

MEETINGS. VACANCIES. APPOINTMENTS. 

169. Meeting of directors and controllers 57 

170. " Stated and regular meetings of boards " defined 57 

171. School directors have power to declare vacancies and make 

appointments 58 



TABLE OF CONTENTS, Continued ix 

PAGE 

172. School directors sustained in removing absentees and appoint- 

ing others 58 

173. Proceedings to ouster a director for absence. Meaning of ex- 

pressions ''to meet at the call of the president," "to adjourn 
to a time and place certain," and "special or adjourned 

meetings " 60 

174. Procedure upon convening of board. 62 

175. Quorum 62 

176. Motions and resolutions 62 

177. When no business can be transacted 63 

178. Tie vote loses the question 63 

179. Regular meeting 63 

180. Special meeting of the board. By whom called 63 

181. President and secretary pro tempore 63 

182. To prevent delay 64 

183. Directors' annual meeting. Compensation 64 

1S4. When city treasurer becomes school treasurer 64 



CHAPTER VII. 

POWER OF THE COURTS TO REMOVE DIRECTORS 

185. Power of the court of quarter sessions to remove directors 65 

186. Removal of whole board for failure to organize 65 

187. Meaning of " so far as the means of the district will admit "... 66 

188. Removal for failure to elect necessary teacher 67 

189. Removal for non-performance of duties 67 

190. Power of the court of common pleas to remove directors 67 

191. Power of the court to grant a rule upon the directors 68 

192. Intentions of the act 68 

193. Power of the court to remove directors under the act of June 

6, 1903 69 

194. Attorney fees cannot be taxed as costs 72 



CHAPTER VIII. 

DIRECTORS— CONTROLLERS TO ESTABLISH SCHOOLS. 

195. Establish schools 74 

196. Discretionary powers of directors 75 

197. Right of children to attend school 75 

19S. No race distinction 75 

199. Children of charitable institutions 76 

200. Residence of pupils 76 

201. Mechanic arts. Athletics 77 

202. Free kindergartens 77 

203. Duty of school directors to visit schools 77 

204. Annual report to county superintendent. 78 

205. State appropriation forfeited 78 

206. Power of directors and controllers to establish grades of schools.. 78 



X TABLE OF CONTENTS, Continued 

PAGE 

207. Regulation of grade and transfer 78 

208. Deaf mute children. School board to open and maintain a 

special school for their education 79 

209. Expenses paid out of school district funds 79 

210. Indigent blind children. Expenses paid out of school funds.. 79 

211. Extension of time 80 

212. Homes for friendless children. Powers of trustees and mana- 

gers. May petition court 80 

213. Contents of petition to court of common pleas 80 

214. Order of court and duty of county commissioners 81 

215. Court to appoint one-third of trustees and managers 81 

216. Duties of treasurer 81 

217. Duty of auditors 81 

218. Admission of friendless children 82 

219. Visitors of institutions 82 

220. Acceptance of act and employment of teachers 82 

221. Admission of orphan and friendless children to the public 

schools. Tuition 83 

222. Children of soldiers 83 

223. Children not to be employed under certain age 84 

224. Employers' register and contents 84 

225. Affidavit by parent or guardian 84 

226. When affidavit by child 84 

227. Cost of affidavit 84 

22S. Qualifications of minors under sixteen. Exceptions 84 

229. Teacher's certificate 85 



CHAPTER IX. 

JOINT SCHOOLS. 

230. Establishment of joint schools of adjoining townships 86 

231. Building joint school house 86 

232. Establishment of joint schools of parts of adjoining counties 

or townships 87 

233. Joint meeting of boards of directors 87 

234. School directors may provide transportation for children 87 

235. When schools are closed by reason of small attendance 87 

236. Application of the act 87 

237. Cost of transportation 88 

238. Expenses and tuition, how paid 88 

239. Directors shall not be party to any contract 88 

240. Purpose of act 88 

241. Contract for transportation of children under act 1897 89 

242. Attending school in adjoining districts 89 

243. Discretionary power of school boards 89 

244. Discretion of directors reviewable by the courts 91 

245. Contract between districts 91 

246. Payment of tuition by non-resident pupils 91 



TABIvE OF CONTENTS, Continued xi 

CHAPTER X. 

PUBLIC HIGH SCHOOLS. 

PAGE 

247. Public schools in cities or boroughs with a population of 5,000 

or over. Powers of controllers and directors 92 

248. They may establish a public high school. Admission 93 

249. Supervision over teachers and pupils 93 

250. Visitation 93 

251. Branches to be taught and books used 93 

252. Qualifications of teachers .' 93 

253. Maximum length of term. Payment of expenses 94 

254. Power to hold or convey real estate 94 

255. Grounds and buildings 94 

256. Site. How procured 94 

257. Councils shall levy tax. Levying of tax in boroughs not di- 

vided into wards 96 

258. May borrow money and issue bonds therefor 96 

259. Public high school in any school district 97 

260. Joint high schools 97 

261. Grades of high schools ,. 97 

262. Annual appropriation 97 

263. Employment of teachers 98 

264. Sworn statements to superintendent of public instruction 98 

265. Supervision of high school 99 

266. Approval of courses of study 99 

267. Centralization of township schools and provision for township 

high schools. Definition of "centralization " 99 

268. Petition and duty of school board 99 

269. Elections and ballots.. 100 

270. Issuing of bonds 100 

271. Course of instruction and transportation of pupils 100 

272. When children may attend high school in another district loi 

273. Children may attend higher grades in other districts loi 



CHAPTER XI. 

EVENING SCHOOLS. 

274. Establishment 103 

275. Employ teachers 103 

276. Qualifications of teachers 104 

277. Expenses 104 

278. Evening high schools may be established 104 

279. Admittance 104 

280. Procedure on refusal to establish evening high schools 104 

281. When to take effect 105 

282. Additional teachers 105 

283. Petition for schools 105 

284. Night schools for manual training of children 107 



xii TABLE OF CONTENTS, Continued 

CHAPTER XII. 

SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES 
AND EXPEL PUPILS FOR MISCONDUCT. 

PAGE 

285. Direct studies and select books ,. 108 

286. Branches required to be taught 108 

287. Optional as to other branches 108 

288. Additional branches in cities of the second and third class 109 

289. System of humane education 109 

290. Experiments on living animals forbidden 109 

291. Monthly reports 109 

292. Physical culture 109 

293. Duty of school directors, controllers and boards of education... no 

294. Suspension and expulsion of pupils > no 

295. Power of committee to investigate no 

296. Teachers or school boards may expel pupils iii 



CHAPTER XIII. 

LIABILITY OF DIRECTORS AND CONTROLLERS — PAYMENT 

OF EXPENSES. 

297. Payment of necessai-y expenses 115 

298. Directors have no authority to pay a pupil's board 115 

299. School orders or warrants are not negotiable 115 

300. School boards not authorized to purchase drafts or commercial 

papers 115 

301. School directors personall}' liable 116 

M2. Liable for unlawful settlement with tax collectors 118 



CHAPTER XIV. 

SCHOOL SITES. 

303. Power of school directors or controllers to enter upon and 

occupy sufficient ground for school sites 119 

304. Sites for school houses 120 

305. Location of school houses 121 

306. Review by the courts 122 

307. Report of viewers 122 

308. School board acquires no fee 123 

309. Power to discontinue proceedings under act April 9, 1867 123 

310. Certain land owned by county may be taken for educational 

purposes 123 

311. Damages, how secured 123 

312. Courtof quarter sessions to appoint viewers. Duties of viewers.. 124 

313. Power of the school board to take public burial places 124 

314. Courtof common pleas to appoint viewers. Duties of viewers.. 125 

315. Appeal from report of viewers 126 

316. Procedure ^27 



TABLE OF CONTENTS, Continued xiii 

CHAPTER XV. 

SCHOOL HOUSES. 

PAGE 

317. Buildings for school purposes 129 

318. Purpose of plans and specifications of school houses 129 

319. School houses 130 

320. Lighting 130 

321. Classrooms. Airspace 130 

322. School boards may permit use of grounds for recreation pur- 

poses 130 

323. Care and protection 131 

324. May lease or permit use of grounds 131 

325. Protection of school houses 131 

326. Use of school houses for literary purposes 132 

327. School boards may purchase United States flags 132 

328. Fire escapes 132 

329. Examination and approval of fire escapes 133 

330. Criminal liability for neglect of duty 133 

331. Water closets 134 

332. Removal of directors for failure to comply with the require- 

ments . 134 

333. Housesmust be separate 135 

334. Duties of school directors and controllers to remove excrement 

and waste matter 135 

335. Duty of the president 135 

336. The duty imposed upon directors is mandatory 135 

337. Powers of school board to contract for water supply. Term 

of contract 138 

338. Payment of costs 138 

339. Bills shall be audited 138 

340. Power of school board to approve bond of contractors. ..'. 139 

341. Void contracts ... 139 

342. Authority of contract 139 

343. Awarding contracts 139 

344. Not required to take bids for heating 139 

345. Unrecorded acts not void 140 



CHx\PTER XVI. 

INDEBTEDNESS. 

346. School board may borrow money 143 

347. Amount of indebtedness limited by the constitution 143 

348. No matter how small the excess over the constitutional limita- 

tion, the increase shall be restrained 144 

349. Without an election, decree of court authorizing indebtedness 

over 2 per cent, is null and void 144 

350. Not a violation of the constitution whereby adjusting indebt- 

edness between new and old district an indebtedness ex- 
ceeding 2 per cent, is charged against one 144 



xiv TABLE OF CONTENTS, Continued 

PAGE 

351. Resolution of school board to lay an annual tax for support of 

library not an increase of indebtedness under the constitu- 
tion 144 

352. What the word " indebtedness" shall include 146 

353. Calculating assets and liabilities to determine indebtedness.... 146 

354. Statement of indebtedness to be published annually 147 

355. Annual tax for the payment of interest and debt required by 

the constitution 147 

356. Debt may be increased by vote. Manner of payment. State- 

ment 147 

357. Provisions of the acts providing for an increase of indebted- 

ness must be strictly complied with 149 

358. Statement must show " actual indebtedness " 149 

359. Notice of election on question of increase. Statement. Elec- 

tion ... 150 

j6o. Result of election. If for increase, tax to be levied for pay- 
ment 151 

361. Act of April 18, 1895, limited increase of debt at any time to 

two per cent .' 152 

362. Bonds niay be redeemed before or after maturity with consent 

of holders 152 

363. Refunding and redemption of existing indebtedness incurred 

prior to April 28, 1875 153 

364. Bonds issued since April 18, 1895, validated 154 

365. Bona fide purchasers of school bonds or other securities. 

School district cannot deny statement to repudiate bonds ... 154 

366. Where debt is lawful, though some provisions of the act 'are 

not complied with, court will protect innocent purchasers 

of bonds 155 

367. Illegality of assessment does not invalidate bonds 155 

368. Court of common pleas has authority to authorize debt under 

act of 1871 155 

369. Power of the court of common pleas to adjust indebtedness 156 

370. The act of 1871, above quoted, not repealed by the act of 1874.. 15^ 

371. Court may appoint an examiner to take testimony where peti- 

tion is presented to borrow money 157 

372. Issuing of bonds in pursuance of centralization 157 

373. How to validate indebtedness created by school directors with- 

out assent of electors 158 

374. Duties of corporate authorities. Notice 158 

375. Election. Tickets. Time of holding. Expenses 159 

376. Election to be governed by existing laws 159 

377. When debt shall become valid. Tax to pay debt 160 

378. Recall of bonds irregularly issued 160 

379. Where act shall not apply 160 

380. Adjustment of indebtedness where new districts are formed by 

the erection of boroughs out of townships ; where township 
has been merged into more than one borough, etc. Court, 
sitting in equity, to adjust and apportion indebtedness 161 

381. Act of June 24, 1895, constitutional 162 



TABLE OF CONTENTS, Continiied xv 

PAGE 

382. Measure of value of school property in adjusting indebtedness.. 162 

383. Court may pass upon the claims of third parties in adjusting 

indebtedness 162 

384. Court may appoint auditor to report upon adjustment 163 

385. Notice to persons to present claims. Failure to present, etc... 163 

386. Court to make necessary rules for collection and payment of 

the adjusted indebtedness 164 

387. Court may appoint receiver to whom money shall be^ paid. 

Duties of 164 

388. How indebtedness and balance in the treasury shall be cred- 

ited 164 

389. Costs, how paid 165 



CHAPTER XVIL 

TAXATION. 

390. Pennsylvania constitutional provision 168 

391. School board to determine the amount of tax 168 

392. Tax to be levied but once a year 168 

393. Legal requirements as to determining tax 169 

394. Tax levy. Time of making the levy 169 

395. Resolutions and proceedings of the board should appear upon 

the minutes 170 

396. No tax to be levied by directors, except by affirmative vote of 

a majority. Votes. Minutes 172 

397. The courts demand a substantial compliance with all the pro- 

visions of the act 172 

398. Amount of tax and kind of taxables 173 

399. Amount of tax not to exceed the sum of state and county tax.. 173 

400. County commissioners to furnish adjusted valuation , 174 

401. School tax limited 174 

402. Construction of 29th section of act May 8, 1854 174 

403. School directors to levy a per capita tax of one dollar 175 

404. Collection 175 

405. Per capita tax to be in lieu of occupation tax 175 

406. Occupation tax, per capita tax, implied repeal of statutes, acts 

1862, 1897 175 

407. Subjects not taxable... 176 

408. Tax on trust property 177 

409. Property held for use of minors residing in another state 177 

410. Exonerations 177 

411. Purposes for which ordinary school tax may be used 178 

412. Surplus of ordinary school tax may be used for payment of 

debts for building purposes 178 

413. Special tax for building purposes 179 

414. Can only be levied when there is an ordinary tax levy 179 

415. It must appear that tax was authorized and legal 180 



xvi TABLE OF CONTENTS, Continued 

PAGE 

416. Not to be levied during division of district 180 

417. Ordinary tax and building tax to be kept separate 180 

418. Special tax must be devoted solely to purposes for which au- 

thorized 181 

419. Special levy, mandamus, act of 1833 181 

420. Building tax cannot be diverted to ordinary school purposes... 181 

421. Building tax cannot be levied for ordinary repairs 182 

422. May be used to lease a building for school purposes 183 

423. If excess tax be levied, collection will be enjoined 185 

424. Misappropriation by directors will render them personally 

liable 186 

425. Taxation for purposes of library 186 

426. Cannot be levied to pay for purchase of library already pur- 

chased 1 86 

427. Lien of taxes 187 

428. When and how claims must be filed 187 

429. Assessment of taxes, county commissioners to furnish copy of 

last adjusted valuation 187 

430. Additional assessment, persons subsequently moving in dis- 

trict 188 

431. Assessment in new districts 188 

432. Assessment in independent districts j88 

433. Fraudulent assessment a misdemeanor 189 

434. Assessment in cities of the third class 1S9 

435. Collection of taxes in boroughs and townships. Election of 

tax collector 189 

436. Tax collector's bond. Renewal, act June 6, 1893 190 

437. Vacancies, how filled 190 

438. Filling vacancies under act July 2, 1895 19c 

439. Collector to give bond and be sworn 191 

440. When duplicate to be issued 191 

441. Powers and liabilities of collectors 191 

442. Book to be kept and subject to inspection 191 

443. Public notice to be given, term of payment , 192 

444. Collectors may levy upon goods for unpaid taxes, and imprison 

delinquent where no goods 192 

445. Collector may sue delinquent for recovery of unpaid taxes 193 

446. Days and times fixed for payment 193 

447. Compensation of collectors 194 

448. Exonerations 194 

449. Collectors to make monthly statements and payments 194 

450. Board of school directors and collector* shall meet together an- 

nually 195 

451. Directors liable for unlawful settlement 195 

452. Failure to make monthly statement and payment a misde- 

meanor 1 96 

453. Collector to pay taxes collected to officers legally entitled 196 

454. Misappropriation of tax fund embezzlement 196 

455. Judgment against collector for amount due from him 197 

456. Section 13, act April 11, 1862, not affected by act June 25, 1885.. 197 



457- 



TABLE OF CONTENTS, Continued xvii 

PAGE 

Settlement of accounts by borough auditors 198 

458. Suit on bond cannot be entered until after settlement by 

auditors 1 98 

459. Suit on bond properly brought in assumpsit 198 

460. Collector bound by auditor's settlement where he does not ap- 

peal 199 

461. Taxes charged on unseated lands 199 

462. Effect of repealing clause of act June 25, 1885 199 

463. The act of June 25, 1885, does not repeal the act of 1854 199 

464. The act of June 25, 1885, is constitutional 200 

465. Collection of taxes in cities of the third class 200 

466. Treasurer of cities of the third class, shall ex-officio be school 

treasurer 200 

467. Levying taxes in cities of the third class 201 

468. School taxes to be collected 201 



CHAPTER XVIII. 

AUDITORS. 

469. Auditors to settle annually the accounts of school treasurer. 

Appeal 202 

470. Auditors in independent school districts 202 

471. Duties 203 

472. Compensation 203 

473. Auditors to meet annually on first Monday of June 203 

474. Presentation of claims 203 

475. Powers of auditors to compel the attendance of witnesses 203 

476. Two settlements of district accounts contemplated. Method 

as to treasurer's account 204 

477. Auditors cannot control expenditures made by directors 204 

478. Auditors to settle accounts of collector of taxes 204 

479. Accounts of a tax collector or school treasurer not settled at 

the proper time may be settled by auditors of. subsequent 
year 204 

480. School directors to furnish annual statement of account to 

auditors 205 

481. Directors may be compelled to furnish statement to auditors .. 205 

482. But they cannot be compelled to furnish statement of prede- 

cessors 206 

483. Report of auditor. Auditors required to publish statement of 

accounts and file copy 206 

484. Failure to take oath does not vacate oflSce 207 

485. Penalty for neglect of duty 207 

486. Compensation 207 

487. Settlement of auditors conclusive unless appealed from 207 

488. Appeal from settlement of auditors 208 

489. Taxpayers may appeal from auditors' report 208 

490. Exceptions allowed to rulings of the court in pending appeals.. 209 



xviii TABLE OF CONTENTS, Continued 

CHAPTER XIX. 

DISTRICT SCHOOIv LIBRARIES. 

PAGE 

491. Establishment of district libraries. Directors to select school 

houses and provide cases 210 

492. School boards to receive money. Purchase of books. Annual 

accounts 211 

493. Title. Larceny of books, etc. Punishment 211 

494. Use of books regulated. Liability for lost books 212 

495. Rules and regulations to be established 212 

496. Librarian. Settlement 212 

497. Duties of directors. Selection of books 213 

498. Use of books, who entitled to use 213 

499. Legal possession. Ownership 214 

500. Gifts and bequests 214 

501. The several school districts of the Commonwealth, except cities 

of the first and second class, may establish and maintain a 
free public library 214 

502. Use of school houses 215 

503. Taxation for free public libraries 215 

504. Gifts and endowments for library ?I5 

505. Repeal 216 

506. Distribution of library 216 

507. School boards may take private property for public library 

purposes 216 

508. Damages. Viewers. Notice of meeting 217 

509. Duty of viewers. Report to court. Judgments 217 

510. Appeal from award of viewers. Trial by jury 218 

511. Notices 218 

512. Compensation of viewers 218 

513. School directors may extend aid to libraries already estab- 

lished. Taxes 219 

514. Manager's annual report. Accounts to be audited 219 

515. Adjoining townships may establish libraries. Aid to existing 

library. Agreement. Tax levy 219 

516. Annual report. Audit of account 220 

517. Borough councils may aid free public libraries 220 

518. Appropriation, limit 221 

519. Library trustees, powers and duties. Election 221 

520. When election of trustees may be dispensed with 221 

521. Supervision of libraries 222 

522. Adjoining school districts may join in establishing and main- 

taining free public libraries, or join in aiding those other- 
wise established 222 



TABLE OF CONTENTS, Continued xix 

CHAPTER XX. 

SCHOOL TERM. 

PAGE 

523. School term 223 

524. Days for improvement of teachers 223 

525. President of board to certify the whole number of months the 

schools have been kept open and in operation 224 

526. School month 224 

527. Legal holidays 225 

528. Teaching on legal holidays forbidden 225 



CHAPTER XXI. 

COMPULSORY ATTENDANCE. 

529. Duty of parents, guardians, etc. Attendance. When school 

boards may excuse 227 

530. Application of the act 228 

531. To what children act shall apply 228 

532. Report of employers 228 

533. Neglect of duty a misdemeanor 229 

534. Notice to parent ., 229 

535. Disposition of fines 230 

536. Power of attendance officers 230 

537. Disposition of truants 230 

538. Compensation of officers 231 

539. Boards may establish special schools 231 

540. Proceedings against truants for disorderl)"^ conduct 231 

541. Assessors to make a list of children, etc 232 

542. Report of teacher 233 

543. Refusal or neglect of officers 233 

544. Portion of appropriation may be withheld 234 

545. Parents may appoint governess or private teachers without cer- 

tificate and not violate the provisions of the act of July 11, 
1901, known as the compulsory school law 234 

546. District assessor 237 



CHAPTER XXII. 

POWER OF THE COURTS OF QUARTER SESSIONS OVER CHIL- 
DREN UNDER SIXTEEN YEARS OF AGE. 

547. Preamble of act defining the powers of courts of quarter ses- 

sions with reference to care and control of children under 
age of sixteen years 238 

548. Jurisdiction of courts of quarter sessions 239 



XX TABLE OF CONTENTS, Continued 

PAGE 

549. "Dependent child, " " neglected child, " "incorrigible child," 

and "delinquent child " defined 239 

550. Juvenile court. Sessions. Records. Assignment of judge ... 239 

551. Powers of the courts may be exercised upon petition 240 

552. Certificate of magistrate or justice of the peace 240 

553. Certificate of the district attorney , 240 

554. Action of the judge 240 

555. Powers of the judge. Custody and control of the child 240 

556. Appointment of probation officei's. Duties 241 

557. Commitment of child. Order on parents or guardians 241 

558. Discharge from reformatory institutions. Record 242 

559. Guardianship. Legal adoption. Guardianship not to include 

estate 242 

560. Care of the child 242 

561. Unlawful to confine child in jail, police station 242 

562. Limit of commitment 243 

563. Religious belief 243 

564. Approved family home 243 

565. Commitment of delinquent child under the age of twelve j-ears.. 244 

566. Trials upon indictment 244 



CHAPTER XXIII. 

TEACHERS. 

567. Qualifications 246 

568. Teachers to be examined in physiology and hygiene 246 

569. Examination in physical culture 246 

570. Humane education 246 

571. Provisional certificate. To whom granted 247 

572. Professional certificate. To whom granted 247 

573. Renewal 247 

574. Permanent certificate. To whom granted. Authority to annul.. 248 

575. Examination for permanent certificate 248 

576. Permanent certificates issued on recommendation of commit- 

tee elected by county institute. Exceptions 249 

577. Election of certain grades of teachers for two or three years. 

Dismissal 249 

578. School board of a township may employ teachers for the term 

of three years under act of June 25, 1885 250 

579. Permanent state teachers' certificate. To whom granted 252 

580. Form of application. Power of superintendent of public in- 

struction to annul permanent state teachers' certificates 252 

581. Granting of permanent state teachers' certificates to college 

graduates 253 

582. Interstate comity 254 

583. Limitation of the provisions of the act 255 

584. Annulment 255 



TABLE OF CONTENTS, Continued xxi 

PAGE 

585. Duty of teacher to make monthly report 255 

586. Power of directors over teachers 255 

587. When teachers' contracts are valid 256 

588. Substantial compliance 256 

589. President and secretary cannot make contract 257 

590. Directois cannot elect teachers by secret ballot 257 

591. Duty of school directors. To record the vote in employing 

school teachers 259 

592. School boards should not exclude women because of their sex.. 261 

593. Teachers of stenography and typewriting 262 

594. Right of patrons to petition for or against the appointment of 

a teacher 262 

595. Minimiim salary of school teacher 263 

596. Dismissal of teacher for immorality. Accused entitled to be 

heard 263 

597. Dismissal of teacher for incompetency 264 

598. Dismissal of teacher for refusing to be vaccinated 264 

599. Teachers may be dismissed for insubordination and disobe- 

dience 266 

600. Liability of school directors for the dismissal of a teacher 266 

601. Power of school board to pass upon the charge of cruelty of a 

teacher 267 

602. Teachers have the right to use corporal punishment 268 

603. Government of schools. Corporal punishment 272 

604. Offenses out of school 274 

605. Quo warranto 275 



CHAPTER XXIV. 

SECTARIANISM. 

606. Appearances of sectarianism 276 

607. Wearing of any religious dress or emblem prohibited 276 

608. Penalties for violation of provisions of this act 276 

609. Use of school houses 277 

610. Reading of the Holy Scriptures is not sectarian instruction 277 



CHAPTER XXV. 

PUBLIC HEALTH ACTS. 

611. Certain children not allowed to attend school in the several . 

municipalities of this Commonwealth 286 

612. Period of exclusion. Purpose of physician's certificate 287 

613. Duty of principal of schools 287 

614. Right of teachers to exclude pupils for failure to be vaccinated.. 287 



xxii TABLE OF CONTENTS Continued. 

PAGE 

615. Physician's certificate of vaccination or small-pox nder 

Sec. 12, Act of June 18, 1895 288 

616. Pupils must present certificate of vaccination 289 

617. Registry 294 

618. Duty of health officers 294 

619. Penalty 295 

620. Fine and imprisonment 295 

621. Act includes townships 295 

622. The Act of June 18, 1895, P. I,. 203, is a valid exercise of the 

police power of the state 295 

623. Township school board to exercise the power of board of 

health. Power to make rules and regulations 300 

624. Abatement of nuisances 300 

625. Sanitary agent 300 

626. Duties of school directors 301 

627. School directors may be c ompelled to organize as a board of 

health 302 

628. Right of school directors to exclude pupils for failure to be 

vaccinated 302 

629. School district not liable for the employment of a physician 

by the school board under Act of 1899 305 

630. Conflicting opinions as to the liability of school district under 

Act of 1899 307 

631. L/iability of borough for expenses incurred by the local board 

of health in employing a physician to vaccinate school chil- 
dren. Opinion by Hampton L. Carson, Attorney General... 308 

632. School board should adopt rules 311 

633. Appointment of sanitary agent 312 

634. Sanitary regulations of school or college buildings 313 

635. School directors, trustees and others having control of school 

buildings to adopt a method of disinfection 313 

636. Duty to disinfect 313 

637. Approval of method by board of health 314 

638. Not to interfere with school session 313 

639. Portion of appropriation for expenses 314 

640 Fine for neglect 314 



CHAPTER XXVI. 

TEACHERS' INSTITUTES. 

641. Teachers' county institute. Organization 315 

642. Report of county superintendent on attendance 315 

643. Contribution from county treasurer to county institute 316 

644. Penalty of teachers for non-attendance 316 

645. Teacher's compensation for attending institute 316 

646. School district liable for teacher's compensation 317 

647. Compensation not to exceed two dollars per diem 317 



TABLE OF CONTENTS Continued. xxiii 

PAGE 

648. Pay of teachers while attending institute under Act"of 1S87... 3x7 

649. Institute accounts 318 

650. Superintendent's report on adjournment to superintendent of 

Common schools 318 

651. Superintendent's report to school directors 318 

652. City and borough teacher's institute 319 

653. City or borough superintendent may call a teachers' institute.. 319 

654. Committee on permanent certificates 319 

655. Time for holding city teachers' institute 319 



CHAPTER XXVII. 

TEXT BOOKS AND SCHOOL SUPPLIEvS. 

656. Series of school books, when and how selected 320 

657. Books for blind children ^20 

658. Legal requirements to purchase text books 321 

659. Meeting of teachers and directors 321 

660. Time of joint meeting 221 

661. Notice to teachers ^22 

662. Notice and meeting of directors ^22 

663. Object of teachers' meeting with the board 322 

664. Purchase of text books and supplies 323 

665. Use of text books during vacation 323 

666. Change of text books 223 

667. Penalty 323 

668. Change of text books in certain cities 324 

669. Price list of books to be furnished and adopted 324 

670. Awarding of contracts ^24 

671. Penalty for violation of act. Act to be accepted 325 

672. Restraining purchase of school books ^25 

673. Who cannot act as agents for the sale of school books 326 

674. No pecuniary interest 326 

675. Separate accounts 326 



CHAPTER XXVIII 

CITY AND BOROUGH SUPERINTENDENTS AND SUPERVISING 

PRINCIPALS. 

676. Cities and boroughs having certain population may elect 

superintendent 327 

677. Certificate of election. Commission 328 

678. Duties of Superintendent 328 

679. Make annual report and attend meetings 329 

680. Supervising principal of schools in townships of over 4,000 in- 



habitants. 



329 



xxivt TABLE OF CONTENTS, Continued. 

PAGE 

68i. Duties of principals 329 

682, Cit}' or borough superintendent not subject to authoritj' of 

county superintendent 326 



CHAPTER XXIX. 

COUNTY SUPERINTENDENT. 

683. Creation of office 331 

684. Election of county superintendent 332 

685. Majority of whole number present necessary to an election 332 

686. Oath of office 332 

687. Notice of election for county superintendent 333 

688. Duty of president and secretary of convention 333 

689. Contested elections 334 

690. To what objections must be made 334 

691. Salary of county superintendent 334 

692. How paid 335 

693. Vacancies. How filled 335 

694. Qualifications of county superintendent 335 

695. Test of qualification 336 

696. Serving as county, city or borough superintendent not an ab- 

solute test 337 

697. Superintendent of public instruction required to issue a com- 

mission to teachers who hold a professional certificate, when 
elected as county, city or borough superintendent 338 

698. Eligibilit}^ of county, city or borough superintendent 330 

699. Branches to be taught 349 

700. Examination of teachers 340 

701. Superintendent required to examine teachers 341 

702. Countersigning teachers' certificate 342 

703. When certificate may be annulled 344 

704. Legal requirements to remove a teacher on "Ten Days' 

Notice " 344 

705. When certificate v/ill not be granted 346 

706. Power of superintendent under the act 346 

707. County siiperintendent's report on instruction of physiology 

and hygiene 349 

708. School board must provide competent teachers. When state 

appropriation withheld or forfeited 350 

709. Duties of visiting schools 351 

710. No authority to teach for compensation 351 

711. School directors' expenses paid to triennal convention 351 

712. Misdemeanor for any candidate to pay directors' expenses to 

convention 352 

713. County commissioners to furnish office for county superin- 

tendent 352 

714. Power to remove county superintendent 352 

715. County superintendent removed for neglect of duty and 



TABLE OF CC NTENTS, Continued. f xxv 

i 

PAGE 

incompetency 352 

716. Duty of county superintendent to call together all the direc- 
tors for certain purposes 354 



CHAPTER XXX. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

717. State superintendent of common schools to be appointed. 

Creation of office 355 

718. Superintendent of public instruction 355 

719. Title and term of office. Pennsylvania Constitution 356 

720. Vacancies 356 

721. Filling vacancy in office of superintendent of public instruc- 

tion 356 

722. Security. Powers and duties 357 

723. To settle controversies 357 

724. Dut}' to give information relative to schools laws 357 

725. Superintendent to sign orders for state appropriation 357 

726. Duty to prepare and forward blank forms 358 

727. Annual report to the legislature 358 

728. Duty to provide a seal and appoint clerks 358 

729. Power to remove county superintendents 358 

730. County commissioners to report the number of taxables 359 

731. Effect of commissioners' neglect of duty 359 

732. Errors 359 

733. Superintedent to employ lecturers and instructors at summer 

assemblies 359 

734. Superintendent authorized to employ stenographer. Salary... 360 

735' Certain documents to be placed in each public school 360 

736. Copies for distribution 360 



CHAPTER XXXI. 

STATE APPROPRIATION. 

737. One-third on number of paid teachers 361 

738. One-third on number of children of school age 361 

739. One-third on number of taxables 362 

740. Certify to superintendents '. 362 

741. Duty of assessors 362 

742. Blanks prepared 363 

743. Enumeration and enrollment 363 

744. Assessors 363 

745. Blanks 363 

746. Repeal 364 

747. Basisof distribution by taxables 364 



xxvi TABLE OF CONTENTS, Continued. 

PAGF, 

748. Failure to forward certificate 364 

749. Errors, how corrected 364 

750. When new district is formed, number of taxables therein and 

in the old districts, to be certified 365 

751. Non-accepting districts which have put schools in operation 

to be entitled to back appropriations 365 

752. Additional state appropriation 365 

753. State appropriations to districts formed after triennial assess- 

ment 366 

754. Basis of distribution 366 

755. When warrant shall issue for state appropriation 366 

756. Appropriation to township high schools 367 



CHAPTER XXXII. 

COMMON SCHOOL EDUCATION IN CITIES OF THE FIRST CLASS 

page; 

757. Board of public education. Appointment and term 368 

758. Vacancies. Eligibility 369 

759. Oath of office 369 

760. Organization 369 

761. Duties of board of education r 369 

762. School boards. Election. Term 369 

763. Proviso 370 

764. Eligibility. Oath 370 

765. Vacancies 370 

766. Duties and powers of school boards 370 

767. Report. Organization 371 

768. Secretaries 371 

769. Agents 371 

770. Superintendent of schools and district superintendent 371 

771. Qualifications of applicants 372 

772. License or certificate 372 

773. Eligible lists. Appointment 372 

774- Proviso 373 

775. Teachers' retirement fund 373 

776. Superintendent of buildings 373 

777. Deputies 374 

778. Janitors 374 

779. Superintendent of .supplies. Assistants 374 

780. Appropriation for school purposes. Expenditures 374 

781. The board to be a corporation. Titles 375 

782. Powers, rights, etc 375 

783. Cities may establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 376 

784. Public health 376 

785. Rules and regulations 376 

786. Publicity 377 

787. Election of teachers 377 



TABLE OF CONTENTS, Continued. xxvii 

CHAPTER XXXIII. 

COMMON SCHOOL EDUCATION IN CITIES OF THE SECOND 

CLASS. 

PAGE 

788. Members of school boards forbidden to hold any office of 

emolument or to be employed by school boards 379 

789. Repeal 379 

790. Power of directors of sub-school districts 379 

791. Repeal 380 

792. Mechanic arts 380 

793. Change of text books restricted in cities of second class 380 

794. Cities may establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 380 



CHAPTER XXXIV. 

COMMON SCHOOL EDUCATION IN CITIES OF THE THIRD CLASS 

795. Classification of cities 381 

796. Cities of the third class to constitute a separate school district 383 

797. Powers of controllers 383 

798. Election of controllers. Terms 383 

799. Vacancies, how filled 384 

800. Annual organization of board. Officers 384 

801. Vacancies in offices of board 384 

802. Salary of the secretary 384 

803. Bond of secretary. Amount. Condition 384 

804. Election of two controllers for the same term 384 

805. Vacancies for unexpired terms 385 

806. For whom electors shall vote. Tickets to designate term 385 

807. Cases of two or more vacancies 385 

808. Proviso. Election of controllers in cities of fifteen or more 

wards , 385 

809. Proviso. Act not applicable in certain respects to cities of the 

third class constituting one school district 385 

810. Directors may retain old laws governing them upon certain 

conditions. Certificate of non-acceptance to be filed 386 

811. Proviso. Boards may accept provisions of the Act of June 16, 

1891, P. L. 306 386 

812. Effect of the Act June 16, 1891, as to repeal 386 

813. Members of school boards prohibited from holding the office 

of secretary thereof 386 

814. Wilfully drawing warrant for payment of persons emplo3'ed 

contrary to the act, declared a misdemeanor 387 

815. Oath of controllers. Form of oath. Copy to be filed 387 

816. Controllers may administer oath to each other 3S8 

817. Secretary to qualify president 388 

818. School treasurer ^88 



xxviii TABLE OF CONTENTS, Continued. 

PAGE 

819. Separate office of school treasurer in cities of the third class 

was not aVjolished by Act of May 23, 1874. Additional com- 
pensation 388 

820. City treasurers shall be the collectors of all the city, school 

and poll taxes 389 

821. Mechanic art schools. Athletics 389 

822. Change of text books restricted in cities of the third class 389 

823 . School taxes. To be levied on cit)' assessment 390 

824. Certification of assessment to board 390 

825. Repeal 390 

S26. Cities may establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 390 

827. ySinking fund for payment of debt 390 



CHAPTER XXXV. 

STATE NORMA . SCHOOLS. 

PAGE 
82S. Normal school districts 393 

829. Thirteenth normal school district erected 394 

830. Establishment of normal schools 394 

831. Management of normal schools by board of trustees. Votes... 395 

832. Power of boards of trustees to receive, hold and use real and 

personal estate. 395 

833. Trustees to make annual reports. Visitation 395 

834. Suitable buildings and other requisites of such schools 396 

835. Hall, lodging rooms and refectories 396 

836. Library for use of students : 397 

837. Professors 397 

838. Principal 397 

839. Course of study 397 

840. Model schools 398 

841. Qualifications for admission 398 

842. Text books 398 

843. Students admitted t ) schools on school district account. Ex- 

amination 398 

844. Compensation from other students 399 

845. When pupils from school district maybe instructed in normal 

schools. Payment of expenses. Action to be entered upon 
the minutes 399 

846. Admission of teachers from common schools 4JO 

847. Examinations of graduating classes. Board of Examiners. 

Appointment of board 400 

848. Appropriation for expenses of board of examiners 400 

849. Manner of holding examinations 400 

850. Power to expel students attending school on district account .. 401 

851. Examination of schools desiring to be admitted to the privi- 

leges of normal schools 401 



TABLE OF CONTENTS, Continued. xxix 

PAGE 

852. Proceedings where two or more schools make application. 

Visitation 402 

853. Examination of candidates for graduation. Certificates of 

scholarship 402 

854. Certificates. Effect thereof 403 

855. When additional certificate maybe granted 403 

856. When certificates of graduation shall be issued. Proof re- 

quired 403 

857. Normal school second diploma 4^4 

858. Number of voles necessary to obtain a certificate or to 

graduate 4^4 

859., Provisional certificates. Degree of scholarship 405 

S60. Duty of students who graduate on district account 405 

861. Duty of superintendent 4^5 

862. When normal schools shall go into operation 406 

863. Requisites for the establishment of a normal school. Exami- 

nations 406 

864. State trustees. Appointment 407 

865. State appropriation 4°? 

866. Allowance to students who agree to teach in the common 

schools 407 

S67. Instruction of pupils drawing an allowance 408 

868. Allowance of fifty dollars to certain graduates of normal 

schools 408 

S69. Graduates under seventeen years old not entitled to fifty dol- 
lar allowance 408 

870. Trustees and their powers. Election and appointment 408 

871. Elections of trustees by contributors or stockholders^ 409 

872. State trustees. Nomination and appointment 409 

873. First election and appointment 409 

874. Quorum 409 

875. Powers and privileges of the two classes of trustees.... 410 

876. Meeting of board of trustees. Majority of trustees requisite 

to pass motions 410 

877. Distribution of state appropriation 410 

878. Limitation of indebtedness, 411 

879. Bonded indebtedness may be refunded. Increase of mort- 

gage. Statement to auditor generaL 411 

880. Execution of bonds and mortgages 411 

581. Priority of lien. Exemption from tax 412 

582. No power to mortgage without special statutory authority 412 

583. Normal schools subject to mechanics' liens 412 

884. Condemnation of real estate. Enlargement of *chool,'grounds. 

Bond 412 

885. Petition- Appointment of viewers 413 

886. Viewers to be sworn 413 

887- The view. Estimate of damages. Report 413 

888. Compensation of viewers 414 

889. Appeal from report or viewers.. 414 

S90. Costs. By whom paid. I414 



XXX TABLE OF CONTENTS, Continued. 

PAGE. 

891. Eminent domain. Entension of corporate privileges 414 

892. Officers of institutions receiving state aid shall not sell or fur- 

nish supplies. Misdemeanor. Fine and penalty 418 

893. Manager or trustee of an institution receiving state aid forbid- 

den to sell or furnish supplies to students 418 

894. State may purchase real estate of normal school in certain cases 

895. Return of sale to be made to auditor general 421 

896. Appropriation to pay purchase money 421 

897. Insurance money to be held in trust 421 

898. Insurance money to be used for repairing and rebuilding 421 



CHAPTER XXXVI. 

SCHOOL FOR CORN PLANTER INDIANS. 

899. Preambles 423 

900. Appropriation for schools among Cornplanter Indians 423 

901. Provision for the erection, furnishing and equipment of school 

house on Cornplanter Indian lands. Preambles 424 

902. Commission to be appointed by governor 424 

903. Plans for the erection of a school building 425 

904. Contract 425 



CHAPTER XXXVII. 

MISCELLANEOUS. 

905. Appointment of trustee of property conveyed by academy to 

common school district 426 

906. Duties of trustee 427 

907. Bond of trustee 427 

908. Account 428 

909. Removal of trustee 428 

910. Independent school districts 428 

911. Independent school districts abolished 428 

912. When act to take effect. Proceedings to continue independ- 

ent school districts 429 

913. How rights of property are to be determined. Notice 429 

914. Notice 429 

915. Report of commissioners 430 

916. In reporting a new district, the commissioners should annex 

a draft 430 

917. Duties of assessors 43T 

918. Election of school directors in independent districts 431 

919. How independent school districts maybe formed 432 

920. Proceedings upon erection of new independent school dis- 

tricts 432 



TABLE OF CONTENTS, Continued. xxxi 

PAGE. 

921. Duties of county commissioners 433 

922. Construction of Act May 8, 1S55, P- L. 509. Court may vacate 

decree erecting independent school district 434 

923. When certain independent school districts created by courts 

of common pleas may be abolished 434 

924. When other independent school districts may be abolished. 

Disposition of property 435 

925. Elections in independent school districts regulated 435 

926. Abolition of independent school districts created by the courts 

of quarter sessions 436 

927. Reversion of property 436 

928. Application of Act of April 22, 1903, P. L,. 237 437 

929. Repeal 437 

930. Against formation of independent school districts 437 

931. L/iquor license money payable to school districts 437 

932. Penalties recovered for trespass upon private property to be 

paid to the school fund 438 

933. Fine and penalty 438 

934. Penalties payable to the school fund 438 



CHAPTER XXXVIII. 

FORMS. 

936. Agreement between teacher and directors 339 

937. Form of annual statement of district accounts 440 

938. Order of district treasurer 442 

939. Bond for treasurer of school district 442 

940. Bond of collector of school tax 443 

941. Oath of collector of school tax 444 

942. Warrant to collector of school tax 444 

943. Certificate by collector to county comm.issioners of unpaid 

school tax on unseated lands 445 

944. Certificate to prothonotary of unpaid balance 446 

945. Petition for appointment of sanitary agent under act of April 

II, 1899, P. L,. 38 446 

946. Decree 447 

947. Notice of convention of school directors for election of county 

superintendent 448 

948. Petition for removal of school directors. Act May 8, 1854, 

Sec. 9, P. L. 617. Act April 22, 1863, Sec. 9. See Chap. 
VII. Sec. 185 448 

949. Petition to appoint inspector of school accommodation. Act 

June 6, 1893, P. L. 330 449 

950. Petition for removal of school directors. Act May 8, 1854, Sec. 

9, P. Iv. 617. SeeChap. VII. Sec. 185 450 

951. Application for state normal diploma 451 

952. Form of practical teacher's state certificate 452 

953. Lease of house and lot to school district 454 



xxxii TABLE OF CONTENTS, Continued. 

PAGE. 

954. Deed to school district 454 

955. Bond of school district for damages for appropriation of lands... 455 

956. Apprenticeship of child by public charitable institution. Act 

May 25, 1878, P. I,. 152 456 

957. General form of complaint or information 457 

958. Physician's certificate of vaccination 458 

959. Teacher's attendance report 458 

960. Secretary's official notice of absence to parent or guardian 459 

961. Secretary's report to the principal or teacher 459 

962. Summons on parent or guardian 460 

963. Service of summons ,... 461 

964. Petition to assess damages for a school house lot. Act April 

9, 1867, P. I,. 51 461 



PART I. 

Fourth Class School District. 
CHAPTER I. 

COMMON SCHOOL DISTRICTS. 

PAGE 

1. Creation of i 

2. Every township, borough and city a school district 2 

3. Shall elect assessors 2 

4. Consolidated districts. Powers of controllers 3 

5., Terms of directors elected. Courts may increase number to 

three for each ward. 4 

6. Independent districts. Creation of 4 

7. When districts become independent. Powers of new board 5 

8. Collection of taxes 5 

9. Against formation 5 

10. How to abolish independent districts 5 

11. Abolish whole districts 5 

12. Classification of school districts 6 

13. P'irst class 6 

14. Second class 6 

15. Third class 6 

16. Fourth class 6 

17. Population of different classes of cities. First class 6 

18. Second class 6 

19. T h i rd class 6 

Creation of. 

I. The public school system of this state is a creature 
of the state constitution and the laws passed pursuant to 
its directions. 

Mr. Justice Brown says : — " By the constitution of 
1790 the people of this counnon wealth imposed upon the 
legislature the positive duty of establishing schools through- 
out the State for the free education of the poor. The con- 
stitutional provision was : — " The legislature shall, as soon 
as conveniently may be, provide, by law, for the establish- 
ment of schools throughout the state, in such manner that 
the poor may be taught gratis." In carrying out this man- 
datory direction, the act of March 3rd, 1818, P. L. 124, was 
passed, entitled " An act to provide for the education of 
children at public expense within the city and county of 
Philadelphia." With constantly increasing interest in the 
education of the young, tlie legislature, in reflecting public 
sentiment, from time to time provided for public schools, 



2 COMMON SCHOOL LAW 

created school districts, and, finally, by the act of May 8th, 
1854, P. L. 617, established a system of common school 
education for all the counties of the commonwealth. What 
was first a constitutional requirement, that the legislature 
should establish schools for the education of the poor"gratis," 
in time became a universal demand for free education for 
all classes, and, for years, to thousands of the children of 
the rich as well as the poor, common schools have been the 
only colleges. By our present constitution the legislature 
is to provide for the education of all the children of the 
commonwealth through "a thorough and efficient system 
of public schools." A review of constitutional provisions 
and legislative enactments clearly shows that the state has 
regarded the education of its children as one of its duties 
and functions, the performance of which it has as yet dele- 
gated to no municipality. Though by the act of 1854 
every township, borough and city of the commonwealth is 
made a separate school district, its affairs are not managed 
by the township or municipal authorities, but by boards of 
school directors or controllers elected for that purpose.' 

Every township, borough and city a school district. 

2. A system of common school education be, and the 
same is hereby deemed, held and taken to be adopted, ac- 
cording to the provisions of this act, in all the counties of 
this Commonwealth ; and every township, borough and 
city of this Commonwealth, or which shall hereafter be 
erected, shall constitute and be a school district, subject to 
the provisions of this act.^ 

Shall elect assessors. 

3. All boroughs and townships now connected in the 
assessment of county rates and levies, shall hereafter be 
separate and independent of each other in the assessment of 
said rates and levies, and for school purposes ; and the respec- 
tive townships and boroughs so separated shall elect their 
own assessors and other officers, whose duty it shall be to 

1 Board of Public Education vs. Ransley, 209 Pa. 51, 1904. 

2 Act May 8th, 1854, sec. i, P. L. 617. 



COMMON SCHOOL DISTRICTS - 3 

exercise the same powers and authority as are now exer- 
cised by township assessors generally, and the discharge of 
their duties in relation to the assessment of county rates 
and levies.3 

Consolidated districts. Powers of controllers. 

4. School districts which are composed of cities or bor- 
oughs, divided into wards for school purposes, at the time of 
the passage of this act, shall be constituted as follows, to wit: 
each ward shall retain its school property, both real and 
personal, and elect a separate board of directors, who shall 
exercise in their respective limits all the powers and duties 
of school directors, as regards the erection or repairing of 
school houses, and the purchasing, renting or selling of 
school houses and lots, and shall also levy, assess, collect 
and disburse in and upon their respective wards, all taxes 
rendered necessary to the proper exercise of the foregoing 
powers; but all other powers and duties pertaining to school 
directors, which are conferred or enjoined by this act, shall 
be exercised in such city or borough by a board of con- 
trollers composed of the directors of the several wards, who 
are hereby authorized and required to perform all the duties 
belonging to boards of directors in single districts, with the 
exception contained in this section: provided, that when- 
ever all the boards of directors in any such city or borough 
shall voluntarily execute deeds of conveyance to the board 
of controllers for all the school property belonging to their 
respective wards, and shall certify the same to the superin- 
tendent of common schools, then and in that case, such city 
or borough shall thereafter compose a single school district, 
in the same manner as districts not divided into wards — 
but the number of directors thereafter elected in such city 
or borough shall be three for each ward/ 

Terms of directors elected. Courts may increase number to three 
for each ward. 

5. When said report shall have been confirmed by the 
court, it shall at the same time decree the election of an 



3 Act May 8th, 1855, sec. 10, P. L,. 511. 

4 Act May 8th, 1854, sec. 2, P. L. 617. 



4 COMMON SCHOOL LAW 

equal niiinber of councilman and school directors in each 
of the wards, in such a manner as not to interfere with the 
terms of those heretofore elected. And the said court may, 
after having once fixed the number of councilmen and 
school directors, increase the same, on petition of citizens 
of any such borough, to' any number not exceeding three 
for each ward, and at the next succeeding municipal election 
thereafter the nurn'oer of councilmen and school directors, 
so as aforesaid fixed, shall be elected as is provided for by 
existing laws.'' 

Independent districts. Creation of. 

6. Upon petition of not less than twenty taxable inhab- 
itants of any township or townships, desiring the formation 
of a territory upon which they reside, into a separate and 
independent common school district, and setting forth the 
bounds of such proposed district, the court of quarter ses- 
sions of the proper countv shall appoint commissioners to 
view the premises and report to the court, at its next term, 
the lines of the proposed new district, either according to 
the bounds set forth in the petition, or to such other bounds 
as they shall think more advisable, together with their 
opinion on the expediency of establishing or not establish- 
ing the same ; the proceedings upon which petition com- 
mission and report, and the final disposition thereof shall, 
in all other respects, be according to the act of assembly 
now in force, relative to the erection of new townships : 
Provided, that if said proceedings result in the establishment 
of a new common school district, the cost of the commission 
and the office fees shall be paid by the said new district, but 
if otherwise, said costs and fees shall be paid by the peti- 
tioners themselves.^ 

When districts become independent. 
Powers of new board. 

7. When a new district shall hereafter be formed, such 
district shall not be considered and recognized as a separate 



5 Act May 13th, 1889, sec. i, P. L- 193. 

6 Act May 8th, 1855, sec. 5, P. L. 509. 



COMMON SCHOOL DISTRICTS 5 

and independent school district, until after the termination 
of the current school year in which it became a new district, 
and until it have a full board of directors, reg-ularly elected 
or appointed, and organized ; except that the directors 
thereof shall have authority to levy, assess and collect tax, 
procure school houses, and do all other acts necessary to the 
commencement of the schools for the ensuing year.7 

Collection of taxes. 

8. It is held that the township collector of taxes is, 
under the act June 25, 1885, to collect the school tax in an 
independent school district within the limits of the town- 
ship.*^ 

Against formation. 

9. The policy of the law is against the formation of the 
district. Courts will not create them excepting where the 
necessity for it appears clearly and affirmatively from the 
facts in the case.^ 

How to abolish independent districts. 

10. In all cases where an independent school district 
has been created it shall be lawful for the courts of quarter 
sessions of the county in which such independent district is 
located, upon application to said court of a majority of the 
taxable citizens resident within the limits of such inde- 
pendent school district, by petition, setting forth that they 
desire the abolition of said district, to hear and determine 
the application upon its merits ; and if deemed expedient, 
the said court shall discontinue the said independent dis- 
trict.'° 

Abolish whole district. 

11. Judge Mestrezat said : "The application to abol- 
ish an independent district must be made to discontinue 
the whole and not a part of the district.'"' 



7. Act May Sth, 1854, sec. 3, P. L,. 617. 

8. Bittincr vs. Commonwealth, 20 W. N. C. 178, 1887. 

9. School District Hatfield Township, 43 Leg. Int. 277, 1.S85. 
School District Marcy Township, 5 Kulp 64, 1S8S. 
Independent School District, 5 Del. 16, 1892. 

Watkins Township School District, 70 Pa. no, 1871. 

10. Act May 22,1903, Sec. i, P. L. 237. 

11. Lagrange Independent School District, 7 D. R. 719, 1898. 



6 COMMON SCHOOL LAW 

Classification of school districts. 

12. The school districts of the commonwealth of Penn- 
sylvania are divided into four classes, as follows, namely : — 

First class. 

13. Every city of the first class shall constitute a sepa- 
rate school district, which shall be known and designated 
as a school district of the first class. 

Second class. 

14. Every city of the second class shall constitute a 
separate school district, which shall be known and desig- 
nated as a school district of the second class. 

Third class. 

15. Every city of the third class shall constitute a 
separate school district, w^hich shall be known and desig- 
nated as a school district of the third class. 

Fourth class. 

16. Every other school district, as such school district 
now exists or shall hereafter be created, shall constitute a 
school district of the fourth class. '^ 

Population of different classes of cities. 
First class. 

17. Those containing a population of one million or 
over shall constitute the first class. 

Second class. 

18. Those containing a population of one hundred 
thousand and under one million, shall constitute the second 
class. 

Third class. 

19. Those containing a population under one hundred 
thousand, shall constitute the third class. '^ 



12. Act April 22nd, 1905. P. L. 272. 

13. Act June 25th, 1895, Sec. i, P.L. 275. 



CHAPTER II. 

CHANGES IN SCHOOL DISTRICTS. 

PAGE 

20. When alteration or abolition takes place 7 

21. Apportionment of existing debt 8 

22. Cutting borough out of township 8 

23. District municipal corporation 9 

24. Board of health 9 

25. When cutting boroughs out of townships does not create new 9 

school districts 

26. Division of property upon formation of new districts 10 

27. Act of 1862 is a remedial law 11 

28. Division of property 11 

29. Division of state appropriation II 

30. Division of property upon the enlargement of school districts 11 

31. Annexation of land 12 

32. Purpose of act 13 

33. Contents of petition 13 

34. Report of viewers 13 

35. When court maj' set aside decree 13 

36. Proper proceedings 14 

37. Territory becomes part of new district 14 

38. Merger of township. Rights and liabilities 14 

39. Certification of new districts 15 

40. Tax cannot be levied while proceedings are pending 15 

41. Duty of commissioners 15 

42. Borough school districts 16 

43. Constitution 16 

44. Due compensation 16 

45. Court shall adjust and apportion indebtedness 16 

46. Trial l>y jury 18 

47. No authority in new district 18 

48. Notice to persons having claims against the district ]8 

49. Rules for collection and payment 18 

50. Court may appoint receiver. Duty of receiver 19 

51. How indebtedness shall be credited. How balance shall be 

credited 19 

52. Enforcement of orders and decrees ig 

53. When township is merged into one borough 20 

When alteration or abolition takes place. 

20. When a portion of a common school district is de- 
tached therefrom, by the alteration of township or borough 
lines, or when an independent school district is abolished, 
such alteration, or abolition, shall not take effect, for school 
purposes, till the commencement of the school year, next 
after the end of that in which it shall have been decreed and 



8 COMMON SCHOOL LAW 

confirmed, and the directors in the detached portion, or in 
the abolished district, as the case may be, shall continue to 
exercise their office until the end of the year in which said 
alteration, or abolition occurred ; and that the school real es- 
tate and movable property within any detached portions of 
districts, or abolished districts, shall pass, with the territory 
on which they are situated, to the district or districts to 
which such territory becomes detached, or reverts, with 
like right in the directors thereof to use or sell the same, 
as the proper directors had before the alteration or aboli- 
tion ; and if any money be on hand, or debt unpaid, or any 
tax, or other claims, be uncollected, after the settlement of 
all accounts of the current year, the proper court shall 
divide said money, or debt, amongst the districts thus ac- 
quiring territory, in such proportions, and shall make such 
order as to uncollected tax, or other claims, due by said 
abolished district to any person or persons, as shall be just; 
and any sum thus decreed to be due by any district or in- 
dividual, shall be entered, in the nature of a judgment, 
against the same, and shall be subject to execution, in the 
manner prescribed by the twenty-first section of the general 
common school law of the eighth day of May, one thons- 
and eight hundred and fifty-four.' 

Apportionment of existing debt. 

21. Under this act there is no provision which gives the 
school district of a township a right to demand compensa- 
tion from a borough school district for real estate situated in a 
portion of the township annexed to the borough. All that 
the school district of the township can demand of the school 
district of the borough, is that any existing debt of the 
former shall be apportioned between the two districts.^ 
Cutting borough out of townsliip. 

22. Every township and borough is a school district, with- 
out respect to acre, population or wealth. When a borough 
is formed of part of a township, it thereupon becomes a 
distinct district, while the residue of the township remains 

1. Act April II, 1S62, sec. 10 P. L,- 473- 

2. Watkins Township School District, 18 Pa. Superior Ct., 293, 1901. 



CHANGES IN SCHOOL DISTRICTS 9 

a district as before. The law has no provision by which 
the summary abolition of an old district results from the 
creation of a new one out of part of its territory, and pro- 
vides no test for determining whether the old one is left 
capable of the necessary functions of a school district.^ 
Distinct municipal corporation. 

23. Boroughs are distinct municipal corporations from 
townships. This is recognized in all the statutes of our 
state. By the act of April 3, 1859, it is provided that any 
borough incorporated from within a township shall be dis- 
tinct and separate therefrom. The same act provides for 
the election of school directors. By the act of May 8th, 
1854, it is provided that every borough erected after the 
passage of that act shall constitute a school district subject 
to the provisions of that act. 

By these acts it is clearly indicated tliat the formation 
of boroughs within townships uiake them an entirely separ- 
ate and distinct class of municipal corporations from town- 
ships and makes them subject to a different class of laws 
known as borough laws. When boroughs are so consti- 
tuted they are no longer controlled and regulated by the 
laws relating to those townships but are governed by the 
statutes regulating boroughs and all local legislation con- 
flicting with the acts of assembly to boroughs must give 
way.'^ 
Board of health. 

24. The school board of a township out of which a bor- 
ough has been formed will not be required to act as a board of 
health for the territory occupied by the new borough during 
the remainder of the year.^ 

When cutting boroughs out of townships does not create new 
school district. 

25. Whenever a borough has been or shall be erected out 
of a portion of a township, leaving the remaining portion 



3. Old Forge School District's Indebtedness, 22 Pa. Superior Ct. 239 

1903. 

4. Commonwealth vs. School Directors, 8 Pa. Superior Ct. 257, 1898. 

5. Commonwealth vs. School Directors, 51 P. L,. J. 374, 1904. 



lO COMMON SCHOOL LAW 

of a township without a school house, and with less than 
ten resident freeholders, and less than twenty-five resident 
children between the ages of six and sixteen years; then, 
and in such case, the creation of such borough shall not 
cause a division of the school district of the township out of 
which such borough was formed; but the scliool district, 
as it existed in such township before creation of such 
borough shall be and remain as theretofore : provided, how- 
ever, that whenever it shall be made to appear to the court of 
common pleas of the proper county, by petition of at least 
twenty freeholders of such undivided school district, and 
proper hearing, that the portion of such school district out- 
side the borough has at least ten resident freeholders and 
twenty-five children, as aforesaid ; then the said court, in its 
discretion, may decree that said school district shall be 
divided into two districts, one consisting of the territory 
within such borough, and the other to consist of the part 
of the original township territory not included within such 
borough lines.'' 

Division of property upon formation of new district. 

26. When a school district is formed, the court estab- 
lishing the same shall determine, on hearing, whether an 
undue proportion of the real estate and school houses, be- 
longing to the old district or districts are within the bounds 
of the new district, and if so, how much money shall be 
paid therefor by the new to tlie old district or districts, and 
if any money be on hand, or debt unpaid, or any tax, or 
other claims, be uncollected after settlement of all accounts 
of the current year, the proper court shall divide said 
money, or debt, amongst the districts, in such proportiors, 
and shall make such order as to uncollected tax, or other 
claims, as shall be just ; and any sum thus decreed to be 
due by any district, to any district or individual, shall be 
entered, in tlie nature of a judgment against the same, and 
shall be subject to execution in the manner prescribed by 
the twenty-first section of the general common school law 



6. Act February 5, 1903, sec. i, P. L- 4. 



CHANGES IN SCHOOL DISTRICTS II 

of the eighth of May, one thousand eight hundred and fifty- 
four. ^ 

Act of 1862 is a remedial law. 

27. The act of 1862 is a remedial law. Its object was to 
provide for an equitable division of the school property, 
not according to the needs of the respective districts, but in 
such a way as to justly distribute the burden of taxa- 
tion.^ 

Division of property. 

28. When a new school district is formed, the court 
shall determine whether an undue porportion of the real 
estate and school houses, belonging to the old district, is 
within the bounds of the new, and, if so, how much should 
be paid by the new to the old district, means an undue pro- 
portion, not of school facilities, but of value. The best 
method of apportionment seems to be to determine what 
share of the total value is due to the contributions of each 
district, and whether, tried by this test, the new district 
has more realty than its own contribution entitles it to 
claim. As the contribution of each district is raised by 
taxation, the apportionment should be according to taxable 
value. The same method should be followed in dividing 
the money on hand and the debts. Interest on debts 
should be divided from the date of incorporation of the 
new district. But interest on the money in hand and upon 
the undue proportion of tlie realty, where a dispute exists, 
should not begin until a time has elapsed long enough to 
allow an appeal to the court to be carried through. ^ 
Division of state appropriation. 

29. The part of the state appropriation is to be divided 
according to the ratio of taxables.io 

Division of property upon the enlargement of school districts. 

30. Whenever, heretofore, a common school district has 
been, or hereafter shall be, enlarged by the annexation of a 



7. Act April II, 1862, sec. ii, P. L,. 474. 

8. In Re School Dist. of Luzerne Borough, 3 Kulp 162, 1884 

9. Williams Township vs. Williamstown, 9 Pa. C. C. 65, 1890. 
10. In Re School Dist. of Luzerne Borough, 3 Kulp 162, 1884. 



12 COMMON SCHOOL LAW 

part or parts of a township, or townships, the court of quar- 
ter sessions of the proper county sJiall determine, on hear- 
ing, whether an undue proportion of the real estate and 
school houses belonging to the old district or districts, is 
within the bounds of such enlarged district, and if so, how 
much money shall be paid therefor by such enlarged district 
to the old district or districts ; and if any money beon hand, 
or debt unpaid, or any tax or other claims be uncollected, after 
the settlement of all such accounts prior thereto, the said 
court shall divide said money or debt amongst the districts, 
in such proportions — and shall make such order as to un- 
collected tax or other claims — as shall be just ; and any sum, 
thus decreed to be due by any district to any district or in- 
dividual, sliall be entered in the nature of a judgment 
against the same, and shall be subject to execution, in the 
manner prescribed in the twenty-first section of the general 
common school law, on the eighth of May. one thousand 
eight hundred and fifty-four." 

Annexatioi?! of land. 

31. The several courts of quarter sessions of this Com- 
monwealth shall have authority, within their respective coun- 
ties to annex land, or parts thereof, of persons resident in 
one township or borough of another township, borough, or 
to a cit\' containing not more than ten thousand in- 
habitants for school purposes, so that when so annexed the 
applicant shall pay his school tax and be included within 
the school district to which it is so annexed for educational 
purposes, and remain connected with the district, or town- 
ship, or borough of his residence for all other purposes ; 
and the said court shall, upon the petition of any one de- 
siring such change, proceed by views and reviews, in the 
manner and under the restrictions provided under the act 
of the general assembly, approved April fifteenth, one 
thousand eight hundred and thirty-four, with its supple- 
ments, in regard to the alterations of the lines of an}^ two 
or more adjoining townships. Provided, that all the costs 
of such proceedings shall be paid by the person or persons 



II. Act April 3, 1903, sec. 1, P. L. 142 



CHANGES IN SCHOOL DISTRICTS 1 3 

applying for such change : And provided further, that 
the transfer of lands, or parts thereof, of residents of a town- 
ship or borough, to any such city for school purposes, shall 
only be by and with the consent of the board of school 
directors of both districts : And provided further, that 
this act shall not affect any case now pending in any of the 
courts of this Commonwealth.'^ 
Purpose of act. 

32. This act does not authorize the annexation of land 
which does not adjoin the school district to which it is 
annexed. '3 

Contents of petition. 

T,;^. Where the petition fails to set forth that the land 
proposed to be annexed adjoins the township or borough to 
which it is desired to annex it, the petition is fatally 
defective.'* 
Report of viewers. 

34. The report of the viewers must be filled at the 
next regular term of the quarter sessions. Upon failure to 
do so an order cannot be made to file it nunc pro tune's 
When court may set aside decree. 

35. Whenever, by proceedings in any court of quarter 
sessions of this Commonwealth, the land, or parts thereof, 
of persons, resident in one township or borough, has been 
or hereafter may be annexed to another township or 
borough, for school purposes, the said court may, at any 
time thereafter, upon application of one-third of the taxa- 
ble citizens of the township or borough in which said land 
is situated, by petition setting forth that they desire the decree 
of the court, whereby the said land was so annexed, to be 
annulled and set aside, proceed to hear said application, and, 
if the court deem expedient, ma}' annul and set aside said 
decree.'^ 



12. Act of April 17, 1S76, P. L,. 38. 
amending Act of April 15, 1867. 

13. Heidler's Petition. 122 Pa. 653, 1888. 

14. In Re Wolf's Petition, 8 Kulp, 181. 1896. 

15. Mt. Pleasant School District, 20 Pa. C. C. 60, 1898. 

16. Act June 8, 1881, Sec. i, P. L. 69. 



14 COMMON SCHOOL LAW 

Proper proceedings. 

36. It is held that proceedings for the detachment of 
lands theretofore annexed to a school district must be either 
under this act or the act of June 2, 1891, P. h- 172, and 
not by appointment of viewers under the act of April, 17, 
1876, P. L. 38/^ 
Territory becomes part of new district. 

T^y. Whenever territory adjacent and adjoining any 
city of the third class comprising one school district has 
been or shall hereafter be annexed to and made part of any 
such city of the third class, that the territory or district so 
annexed shall constitute and form a part of the school dis- 
trict of said city.'^ 
rierger of township. Rights and liabilities. 

38. Whenever any township has been or may hereafter 
be entirely merged into more than one borough, and the 
township shall thereby have ceased to exist, and the school 
district of the township become merged into the school dis- 
trict of the boroughs erected out of said township, the 
rights and liabilities of said township shall devolve in just 
proportion upon the school districts of the said several bor- 
oughs, but the school district of no such borough shall be 
entitled or liable as aforesaid, except as to such rights and 
liabilities as existed at the end of the current school year 
in which it became a new district, and the proportion of 
each new district as aforesaid shall be ascertained in like 
manner as prescribed in the first section of this act ; and in 
all actions pending by or against the school district of said 
township, the school district or districts of the borough or 
boroughs entitled or liable as aforesaid, shall, by rule of 
court, be substituted instead of the school district of said 
township, and in actions thereafter brought on matters in 
behalf of or against the school district of said township, 
the school district or districts of the borough or boroughs 
entitled or liable as aforesaid shall be the proper parties to 
prosecute or defend the same as the case may be. "^ 



17. Newry School District, 11 Pa. Superior Ct. 592, 1899. 

18. Act June 24, 1895, Sec. i, P. L- 239. 

19. Act June 24, 1895, Sec. 2, P. L. 260. 



CHANGES IN SCHOOL DISTRICTS 1 5 

Certification of new districts. 

39. The clerks of the courts of quarter sessions of the 
several counties of this Commonwealth, shall forward to the 
superintendent of common schools a certified copy, under 
seal, of the decree of said court of their respective counties, 
creating any new school district, whether it be formed by 
the incorporation of a borough, the creation of a new town- 
ship, or the formation of an independent district, said 
certificate to be forwarded within thirty days after the entry 
of such decree ; the costs for such certificate shall be a legal 
charge against the new district thus formed.^" 

Tax cannot be levied while proceedings are pending. 

40. Whilst proceedings are pending in any court of 
this Commonwealth for the division of any township or 
school district, or for the erection of any borough, it shall 
not be lawful for the school directors of the township or 
district proposed to be divided, or out of which such bor- 
ough is proposed to be erected, to levy, assess or collect any 
tax whatever for the purchase of ground or for school build- 
ing purposes, except where the same shall be necessary to 
rebuild a school house accidentally injured or destroyed, or 
to pay a building debt previously incurred.^' 

Duty of commissioners. 

41. Whenever any new district shall be formed in any 
county of this Commonwealth, it shall be the duty of the 
commissioners thereof to certify to the superintendent of 
common schools, before the commencement of the next 
succeeding school year, the number of taxable inhabitants 
therein, and also the number in the district or districts from 
which it was taken, separately, according to the last pre- 
ceding triennial enumeration of taxables made for school 
purposes, so that the whole number in such new district, 
and in that or those out of which it was taken, being added 
together, shall be neither greater nor less than the number 
tliat was therein before the change was made, and accord- 



20. Act April 17, 1865. See i, P. L,. 62. 

21, Act June 13 1874, Sec. i, P. L. 284. 



1 6 COMMON SCHOOL LAW 

insf to the last triennial certificate or return of taxablCvS 
thereof made by said commissioners.^^ 

Borough school districts shall share in rights and liabilities of 
townships from which formed. How proportionate share of 
each shall be ascertained. 

42. Every school district which has been or may here- 
after be formed by the erection of a borough out of any 
township or parts of adjoining townships shall share in 
just proportion, in the rights and liabilities of the school 
district or districts of said township or townships existing 
at the time of the incorporation of such borough, the pro- 
portion of such new school district to be ascertained by ref- 
erence to the assessment of said township or townships for 
the year in which such borough was incorporated, and in 
all pending actions by or against the school district or dis- 
tricts of said township or townships, and in all actions 
thereafter brought b}^ or against the same, the new school 
district or districts liable or entitled as aforesaid shall, by 
rule of court, be made co-parties plaintiff or defendant as 
the case may be.^^ 

Constitution. 

43. This act does not conflict with Article III, Sec. 3, 
of the constitution. ^4 

Due compensation. 

44. When a borough by its incorporation secures more 
than its due share of the public school property, it will 
have to make due compensation to the township and will 
also have to bear its due share of the public indebtedness. ^^ 

Court shall adjust and apportion indebtedness. 

45. Whenever any school district has been or may 
hereafter be formed as aforesaid, or whenever any school 
district has been or may hereafter be entirely merged into 
more than one school district as aforesaid, any court of 



22. Act May 18, 1854, Sec. 49, P. L. 629. 

23. Act June 24, 1895, Sec. i, P. L. 259. 

24. Parker Township Sch. Dist. vs. Bruin Borough Sch. Dist. 13 D. R. 
769, 1903. 

25. Smithfield Borough, 23 Pa. C. C. 583, 1900. 



CHANGES IN SCHOOL DISTRICTS 1 7 

common pleas of the proper county, sitting in equity, shall 
have power, upon the application of any one or more credi- 
tors of the school district or districts, of said township or 
townships, or upon the application of the proper authori- 
ties of the school district or districts of any said township 
or townships, borough or boroughs, or either of them, by 
a suit or suits in equity, to ascertain the indebtedness of 
the school district or districts of said township or town- 
ships at the time of the formation of each of the school 
districts ot said boroughs respectively, and to equitably ad- 
just and apportion said indebtedness between the school 
district or districts of said township or townships, and 
borough or boroughs, and between the several school 
districts of the boroughs into which any township shall 
have become merged, as aforesaid, and where any school, 
real estate and movable property belonging to the school 
district or districts of said township or townships are or 
shall be within the bounds of any such new district. The 
said court shall further determine, on hearing, whether an 
undue proportion of the real estate and movable property 
belonging to the old district or districts are within the 
bounds of the new district and, if so, how much money 
shall be paid therefor by the new to the old district or dis- 
tricts, and the court shall thereupon decree the proportion 
of said indebtedness which each of said school districts 
shall pay and the amount of money, if any, which the new 
district shall pay to the old district or districts for any un- 
due proportion of the school property within the bounds of 
such new district. In making said adjustment as applied 
to each of said new school districts reference shall be had 
to the time of the formation of such new school district 
and to the debts existing at the end of the current school 
year in which it was formed, whether since paid or not, and 
also to the several amounts of school taxes then unexpended 
and the said adjustment shall be based upon the assessment 
of said township or townships for the year in which such 
new district was formed : Provided, That in ascertaining 
said indebtedness, neither pending actions nor claims 
against the school district or districts of said township or 



1 8 COMMON SCHOOL LAW 

townships founded on tort, shall be included, unless the 
same shall in the meantime have been prosecuted to final 
judgment. ^^ 

Trial by jury. 

46. This act does not conflict with Article i, Sec. 6, of 
the constitution, which preserves the right of trial by jury-.^'' 
No authority in new district. 

47. No authority is conferred by this act to decree a 
balance due to the new district for an undue proportion of 
realty and movable property remaining in the old district. ^^ 
Notice to persons having claims against the district. 

48. Three months public notice shall be given under the 
order of said court to all persons having claims against the 
school district or districts of said township or townships, ex- 
cepting claims in pending actions and claims founded on tort, 
as aforesaid, to present the same on or before the day therein 
named, and all persons not presenting their said claims on 
or before the said day shall be forever debarred from en- 
forcing collection of the same, said notice to be published 
in not less than two newspapers of the proper county, if 
there are so many printed in said county, or if there be but 
one newspaper printed therein, then said notice shall be 
printed in the same and shall be published in any other 
manner directed by the said court : Provided, however. 
That no owner or holder of any bond or bonds of any 
such school district shall, for any failure to present or make 
proof of the same as aforesaid, be precluded or debarred 
thereby from enforcing collection of the same.^^ 

Rules for collection and payment. 

49. The said court shall have power to make all need- 
ful rules, orders and decrees in the premises, and for the 
collection and payment by the school district or districts of 
said township or townships, borough or boroughs of the 
share of said indebtedness, respectively, apportioned to them. 



26. Act June 24, 1895, Sec. 3, P. L. 260. 

27. Parker Twp. Sch. Dist. v. Bruin Boro. Sch. Dist. 13 D. R. 769, 1903. 

28. Munhall Borough School District, 207 Pa. 638, 1904. 

29. Act June 24, 1895, Sec. 4, P. L. 261. 



CHANGES IN SCHOOL DISTRICTS 1 9 

and of any sum of money decreed to be paid by any such 
new district to the school district of any township from 
which it was formed for any undue proportion of school 
property within the bounds of such new district, and may 
order the proper officers of the school district or districts of 
any said township or townships, borough or boroughs, or of 
either of them, to collect, by special taxation, an amount 
sufficient to pay the same, either in any one year or by an- 
nual installments, as to the court shall appear just and 
reasonable,^" 

Court may appoint receiver. Duty of receiver. 

50. The said court shall have power, in its discretion, 
to appoint a receiver to whom the money due on account of 
indebtedness from each school district for the purpose afore- 
said shall be paid, and it shall be his duty to pay over the 
amount so received by him to the holders of said indebted- 
ness in such order or in such proportions as the court shall 
direct, and in case of any special taxation in any said school 
district, or in all of them, being ordered for or on account of 
any indebtedness as aforesaid, the collector of said special 
tax shall pay the same directly to said receiver.^' 

How indebtedness shall becredited. How balance shall be credited. 

51. The school district of each borough, in any of the 
cases aforesaid, shall be credited with the proper share of 
such indebtedness, due to the school district or districts of 
said township or townships, at the time of the formation 
of such borough district, as shall have since been collected, 
and shall likewise be credited with its proper share of any 
unappropriated balance in the treasury of the school dis- 
trict or districts of said township or townships at the end 
of the current school year during which such borough dis- 
trict shall have been formed, and the said court shall have 
like power to equitably adjust and apportion the same.^^ 



30. Act June 24, 1895, Sec. 5, P. L,. 261. 

31. Act June 24, 1895, Sec. 6, P. h. 262. 

32. Act June 24, 1895, Sec. 7, P. I,. 262. 



20 COMMON SCHOOL LAW 

Enforcement of orders and decrees. 

52. The costs of said proceedings shall be paid by 
the school districts of the said several townships and bor- 
oughs in such proportions as the said court shall adjudge, 
and the orders and decrees of the said court in such pro- 
ceedings may be enforced by attachment.^^ 

When township is merged into one borough. 

53. Whenever any township has been or shall here- 
after be changed or merged into one borough the school 
district of said borough shall succeed to all the rights and 
liabilities of the school district of said township, and in all 
the actions pending by or against the school district of said 
township the school district of said borough shall be sub- 
stituted as party instead of the school district of said town- 
ship, and in all actions thereafter brought for matters in 
behalf of or against the school district of said township the 
school district of the said borough shall be the party plain- 
tiff or defendant, as the case may be, instead of the school 
district of said township. 3^ 

54. Nothing in this act contained shall be held or con- 
strued to supersede or repeal the provisions of any existing 
act of assembly applicable to the same subject matter. ^s 



33. Act June 24, 1895, Sec. 8, P. L. 262. 

34. Act June 24, 1895, Sec. 9, P. L. 262. 

35. Act June 24, 1895, Sec. 10, P. L. 262. 



CHAPTER HI. 

POWERS AND LIABILITIES OF SCHOOL DISTRICTS. 

PAGE 

55. May sue and be sued 21 

56. To purchase or sell real estate 21 

57. Directors shall have no interest in property purchased 22 

5S. Real estate held in trust 22 

59. Conveyance of real estate to school district by surviving trustees 22 

60. Deeds, how executed 23 

61. Suits by and against school districts 23 

62. How summons must be made 23 

63. Negligen ce 23 

64. Statutor}- power of officers 24 

65. Execution against school districts 24 

66. Remedy 25 

67. Special writ on execution 25 

68. Return 25 

69. When attachment is premature 25 

70. Executionon judgment 25 

71. Evidence for school district 26 

72. Procedure on a judgment rendered by a justice of the peace or 

alderman against a school district 26 

73. Record of certificate 26 

74. Fee 27 

75. Failure to comply with the act. Records and transcripts 27 

riay sue and be sued. 

55. The several school districts within this Common- 
wealth shall have capacity as bodies corporate : 

I. To sue and be sued as such, by the corporate name 
of the school district of . 

To purchase or sell real estate. 

56. II. -To purchase and hold such real and personal 
property as may be necessary for the establishment and sup- 
port of the schools, and the same to sell, alien, and dispose 
of, when it shall no longer be necessary for the purposes 
aforesaid, and also, whenever the board of directors or con- 
trollers, in cases where school property has been conveyed to 
them, shall deem it expedient to make sale of the said real 
estate, for the purpose of reinvesting the proceeds thereof 
for school purposes.' 



I. Act May 8, 1854, Sec. 18, P. L,. 620. 



2 2 COMMON SCHOOL LAW 

Directors shall have no interest in property purchased. 

57. School directors interested in a piece of property, 
may, at the suit of a taxpayer, be enjoined from voting 
in favor of its purchase by the district ; and this though the 
purchase is being made in good faith and at a fair price. ^ 

Real estate held in trust. 

58. In cases where real estate is held by trustees, or 
others, for the general use of a neighborhood — for a school 

house or its appendages — and when the same shall cease to 
be required, it shall be lawful for the said trustees, or others, 
their survivor or survivors, or successors, to convey tbesame 
to the proper district, which shall be thereafter held by said 
district, for the same term and for the same uses for which 
it was originally granted to said trustees or others. But 
should the said trustees, from indisposition on the part of 
the proper board of school directors of the district, to accept 
of said conveyance, or from other causes, find it impossible 
to release themselves from said trust, they, or a majority of 
them, may apply to the court of common pleas of the proper 
county, praying said court to authorize and direct the afore- 
said trustee, trustees or other persons, to make sale of the 
same, having first given two we£ks' previous notice, in one 
or more of the public prints of said county, of the time and 
place of said sales ; and shall make return of proceeds of sale 
to said court, that ^he same may, by the direction of said 
court, be added to the funds of the proper school district ; 
whereupon the said trustee, trustees or other persons, shall 
be discharged from all responsibility in the premises. ^ 

Conveyance of real estate to school district by surviving trustees. 

59. In all cases where real estate has been or is held by 
the trustees, for the general use of the neighborhood as a 
school house or its appendages, and the same has been or 
shall be conveyed to the school district by the surviving 
trustees, such conveyance shall be as valid to pass the legal 
estate in the premises to such school district as if executed 



2. Witmer's Appeal, 15 Atlan. 428, i8i 

3. Act May 8, 1854, Sec. 18, P. L. 617. 



POWERS AND LIABILITIES OF SCHOOL DISTRICTS 23 

by all of them, pursuant to the fourteenth section of the act 
of the thirteenth of June, 1836.* 
Deeds, how executed. 

60. All deeds and other contracts in writing, made 
by a school district, shall be signed and sealed by the presi- 
dent of the board of directors or controjlers, and counter- 
signed by the secretary. ^ 

Suits by and against school districts. 

61. All suits by a school district shall be brought in 
its corporate name, and be conducted and managed by the 
board of directors or controllers, as the case may be ; and 
all suits against such district shall style the same by its cor- 
porate name, and all legal process, other than writs to en- 
force payment of a judgment, shall be served on either the 
president or secretary of the board of directors or control- 
lers, as the case may be.*" 

How summons must be made. 

62. The act of May 8th, 1854, provides that all suits 
against a school district shall style the same by its corporate 
name, and all legal process other than suits to enforce pay- 
ment of a judgment, shall be served on either the president 
or secretary of the board of directors. It must be served 
personally on the officer. It cannot be served on its officers 
by leaving a copy at his house with an adult member 
of the family. 7 

Negligence. 

63. School districts are quasi corporations having 
limited powers for carrying out the common school system 
within its limits, and cannot be held in the same measure 
to accountability for the wrongful acts and negligence of its 
officers, servants or agents, as a private corporation ; hence 
is not liable for injuries sustained by those attending its 
schools.^ 



4. Act May 8, 1854, Sec. 23, P. L. 622. 

5. Act May 8, 1854, Sec. 19, P. L, 621 

6. Act May 8, 1854, Sec. 20, P. L. 621. 

7. Flood vs. Masey School District, 9 Kulp, 385, 1S99. 
S. Ford vs. School District, 121 Pa. 543, 1888. 



24 COMMON SCHOOL LAW 

Statutory power of officers. 

64. Mr. Justice Truukey said : "A person is not liable 
for the acts of another unless the relation of master and 
servant or principal and agent exists between them. School 
districts are corporations of lower grade and less power than 
a city, having less the characteristics of private corporations 
and more of a mefe agent of the state. They are territorial 
divisions for the purposes of the common school laws and 
their officers have no powers except by express statutory 
grant and necessar}^ implication ; and these are for the es- 
tablishment and maintainance of the public schools. The 
common school system partakes much of the nature of a 
public charity, extends over the whole state, is sustained by 
the public moneys, and the directors, who devote much 
time and labor for the public benefit, receive no compen- 
sation for their services. Unless exempted by the act of 
incorporation, or by law, a private corporation is liable for 
the wrongful acts and neglects of its officers done in the 
course and within the scope of their employment, the 
same as a natural person is for the acts and neglects of 
his servant or agent. A less stringent rule applies to pub- 
lic corporations, and least stringent of all should be ap- 
plied to school districts, whose officers have limited and 
defined powers in a system exclusively for the free educa- 
tion of the children in the commonwealth. 

The directors as a board must exercise their powers — 
the board may make contracts, may authorize a commit- 
tee to make a contract, and may appoint an agent for a 
proper and specific purpose. One or more of the directors, 
without authority from the board, can make no contract 
binding upon the district, cannot change a contract, can 
do no act fixing the district for a liability. He may be per- 
sonally responsible to those who suffer from his unauthor- 
ized acts, as any other citizen would be."^ 

Execution against school districts. 

65. If judgment shall be obtained against a school 
district, in any action of proceeding, the party entitled 



9. School District of the City of Erie vs. Fuess, 98 Pa. 600, 1881. 



POWERS AND LIABILITIES OF SCHOOL DISTRICTS 25 

to the benefit of such judgment may have execution thereof, 
as follows, and not otherwise, to wit: — it shall be lawful 
for the court in which such judgment shall be obtained, or 
to which such judgment shall be removed by transcript, 
from a justice of the peace or alderman, to issue thereon a 
writ, commanding the directors or controllers and treasurer 
of such school district, to cause the amount thereof, with 
interest and cost, to be paid to the party entitled to the 
benefit of such judgment, out of any moneys unappropri- 
ated of such district, or, if there be no such moneys, out of 
the first moneys that shall be received for the use of such 
district, and to enforce obedience to such writ by attach- 
ment. '° 
Remedy. 

66. The remedy provided by this act is exclusive, and 
proceedings by an ordinary mandamus cannot be sustained." 
Special writ on execution. 

67. The writ provided by this section is not an 
alternative mandamus, but a special writ of execution, direct- 
ed against the money of the defendant, and enforceaWe by 
attachment against the school directors of the district, if it 
is not obeyed.'^ 

Return. 

68. A return of "no funds" is sufficient; it need not 
state why such a state of things exist.'^ 

When attachment is premature. 

69. Until a peremptory writ of mandamus has been 
awarded and disobeyed an application for an attachment 
against the school directors for failing to pay a judgment 
as commanded by mandate or alternative mandamus, is 
premature.''^ 

Execution on judgment. 

70. Judge Clayton said : " That where an execution 
having been issued upon a decree from which there has 



10. Act May 8, 1854, Sec. 21, P. L. 621. 

11. Commonwealth vs. Pease, i Dauphin Co. 47, 1898. 

12. O'Donnell vs. School District, 133 Pa. 162, 1890. 

13. Cavanaugh vs. Cass School District 6 Pa. C. C. 35, 1889. 

14. School District vs. School District, 6 Pa. C. C.38, 1889. 



26 COMMON SCHOOL LAW 

been no appeal, the only defence allowable is the want 
of funds, in which case the court will order a special tax to 
pay the debt."'5 

Evidence for school district. 

71. That no person shall hereafter be incompetent to 
give evidence in any suit or action in which any school 
district, or any officer thereof is a party, for or on account 
of said person being an inhabitant of the district, or by 
reason of his being liable to the payment of any tax in 
which said school district may be interested.'^ 

Procedure on a judgment rendered by a justice of the peace or aU 
derman against a school district. 

72. It shall be the duty of the plaintiff or plaintiffs in 
every judgment rendered by a justice of the peace or al- 
derman of this Commonwealth, against any borough, town- 
ship or school district of this Commonwealth, to file, with- 
in one week from the time of rendition of said judgment, 
with the prothonotary of the county in which such munici- 
pal corporation is situated, a certificate signed by the 
plaintiff or plaintiffs, naming the parties to the action in 
which said judgment was rendered, the magistrate by 
whom rendered, and setting forth the fact and date of the 
rendition of the same and the amount thereof.'^ 

Record of certificate. 

73. Immediately upon the receipt of such certificate by 
the prothonotary of such county, he shall enter it of record 
in a book, kept by him in his office for that purpose, to be 
called the ' ' Record of Suits before Justices and iVldermen 
against Boroughs, Townships and School Districts," setting 
forth therein the name of the plaintiff, the name of the 
defendant municipality, the sum for which judgment was 
entered, the date of its rendition, and the name of the 
justice or alderman by whom the judgment was given. '^ 



15. School District vs. School District, 4 Del. 97, 1889. 

16. Act May 8, 1854, Sec. 51, P. L. 629. 

17. Act April 22, 1905, Sec. i, P. L. 296. 

18. Act April 22, 1905, Sec. 2, P. L. 296. 



POWERS AND LIABILITIES OP SCHOOL DISTRICTS 27 

Fee. 

74. For entering such certificate of record, the pro- 
thonotary shall receive the sum of fifty cents, for which, 
in every instance, the municipality against which the suit 
is brought shall be liable to the prothonotary."^ 

Failure to comply with the act. Records and transcripts. 

75. Whenever in the case of any judgment rendered 
by any justice of the peace or alderman of this Common- 
wealth, against any borough, township or school district of 
this Commonwealth, the provisions of this act shall not 
be complied with, no transcript of such judgment may, 
at any subsequent time, be filed in the office of the pro- 
thonotary, for any purpose whatsoever ; and neither the 
justice's nor alderman's record of such judgment, nor any 
transcript or copy thereof, may be used as evidence in any 
proceedings to enforce or collect said judgment.^" 



19. Act April 22, 1905, Sec. 3, P. L- 297. 

20. Act April 22, 1905, Sec. 4, P. L. 297. 



CHAPTER IV. 

ELECTION OF DIRECTORS; FILLING OF VACANCIES. 

PAGE 

76. Creation of school boards 28 

77. Not municipal officers 29 

78. Election of school directors. Term of office 29 

79. Petition. Increase of number of directors 29 

80. Vacancies. Term 30 

81. Election of school directors in boroughs not divided into wards 30 

82. Election of school directors in boroughs not divided into wards 30 

83. Designation on ballot 31 

84. Vacancies 31 

85. Directors elected under former laws 31 

86. Appointment by the court 31 

87. Borough school directors 32 

88. Election of directors in independent districts 3^ 

89. Election of directors for different tei-ms. Use of "'stickers" 33 

90. Returns of election, how made 34 

91. Contested elections, how decided 34 

92. Filling vacancies at any election 34 

93. Purpose of the act 35 

94. When school board fills vacancy 35 

95. Meaning of the word ''otherwise" 35 

96. Filling of vacancies by the board 35 

97. Expiration of term of appointment 36 

98. Written resignation 36 

99. Decreasing the number of school directors to two 37 

100. Election after such decrease 37 

loi. How to decide tie vote 37 

102. Duty of school board to act and determine a director's right 

to a seat when there is a tie vote 38 

103. Women eligible to office of school director 40 

104. Legal residences 40 

105. Vacancies without resignation 40 

106. Adopting city charter 40 

107. Title of school director 40 

108. Directors exempt from serving in certain offices 41 

109. Incompatibility of officers 41 

no. School director can act as judge 41 

Creation of school boards. 

76. Junkin J. says: "Boards of school directors are 
the creation of statutory law, having no existence outside 
of positive enactment. Neither have they any power be- 
yond what the statutes confer, or by necessary implication 
spring from the duties imposed. The things which they are 
empowered to do, they may perform ; and that which they 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 29 

are not empowered to do, they must leave undone. They 
have no legislative powers ; are not strictly speaking, a 
municipal corporation. They are a special statutory tribu- 
nal ; and it is a postulate long recognized, that such bodies 
can exercise only such powers as are expressly confined.'" 

Not municipal officers. 

']']. School directors are by no means municipal offi- 
cers. They are not invested with any of the municipal 
powers, nor are they charged with the performance of mu- 
nicipal functions.^ 

Election of school directors. Term of office. 

78. The school directors shall be elected annually in 
each district of the state, in the following manner, to wit : 
at the same time and place that elections are held for 
supervisors and constables, and, in wards in cities or bor- 
oughs, at the time and place of the borough or ward elec- 
tions, and in like manner, two qualified citizens shall be 
elected school directors in each district, whose term of 
office shall be three years ; but in districts where directors 
have not been elected, or in new districts which may be 
established by tlie erection of anew ward, borough or town- 
ship, six directors shall be elected in such district, at the 
first election, two to serve one year, two to serve two years, 
and two to serve three years, and two annually thereafter ; 
and in city and borough districts, allowed to elect three 
directors, the whole number for each ward shall be chosen 
at the first annual election after the passage of this act, one 
to serve for one year, one to serve for two years, one to 
ser'/e for three years, and one annually thereafter.-^ 

Petition. Increase of number of directors. 

79. Provided, however. That upon the petition of the 
councils of any city subject to the provisions of this act, 
the court of common pleas of the county in which said city 



1. Hamilton vs. Kill, 8 Luzerne Legal Register 108. 

2. Chalfant vs. Edwards, 173 Pa. 246, 1896. 

3. Act May 4, 1905, P. L. 388. 



30 COMMON SCHOOL LAW 

is located may, after a hearing duly had, enter a decree 
increasing the members of school directors in said city, so 
that there shall be three directors in each ward of said city/ 
Vacancies. Term. 

80. Any vacancies in the board of directors, caused 
thereby, shall be filled by the citizens of said wards, re- 
spectively, at the ensuing election held for the purpose of 
electing ward officers ; and the said court shall also, at the 
same time, decree that at said election one-third of said 
school directors shall be elected to serve for one year, one- 
third for two years, and the remaining third to serve for 
three years, and that annually thereafter each school direc- 
tor shall be elected to serve for three years ; and the said court 
shall also indicate the wards which shall elect for the shorter 
and longer terms ; and in case after the entering of said decree, 
and before said election, there shall from this or any other 
cause be no one capable of exercising the said office of school 
director in the said school district, or vacancies shall be caused 
in the board by reason of the aforesaid increase, the said court 
of common pleas shall, upon petition of any one in interest, 
appoint suitable persons to act in the interim. s 
Election of school directors in boroughs not divided into wards. 

81. The number of members of any school board of bor- 
oughs not divided into wards shall be six.^ 
Election of school directors in boroughs not divided into wards. 

82. It shall be lawful for the qualified voters of the 
boroughs of this Commonwealth which are not divided into 
wards, and boroughs not now enjoying this right by spe- 
cial statutes, at the first election for borough . officers next 
ensuing the passage of this act, to elect two school direc- 
tors to serve for one year, two to serve for two years, and 
two to serve for three years ; and annually thereafter to 
elect, for a term of three years' duration, as many school 
directors as may be necessary to fill the places of those 
whose terms of office are about to expire.^ 



4. Act May 4, 1905, P. L. 388. 

5. Act May 4, 1905,?. L. 388. 

6. Act April 23, 1903, Sec. i, P. L. 271. 

7. Act April 23, 1903 Section 2, P. L. 271. 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 3 1 

Designation on ballot. 

83. At the first election for borough officers next 
ensuing the passage of this act, the qualified voters shall 
designate on their ballots for what length of time the per- 
sons thereon named shall serve, whether for one, two or 
three years.^ 

Vacancies. 

84. The members of any board of school directors 
shall have power to fill any vacancy which may occur 
therein by death, resignation, removal from the borough 
or otherwise, until the next annual election for school 
directors, when such vacanc}^ shall be filled by electing a 
qualified citizen to supply the same for the balance of the 
unexpired term ; Provided, That the qualified voters shall 
designate on their ballots that the person or persons 
thereon named are voted for to fill an unexpired term.^ 
Directors elected under former laws. 

85. The school directors now in office, under existing 
laws, shall act conjointly with those who are to be elected 
under the provisions hereof at the first election for 
borough officers next ensuing after the passage of this act, 
and act until the expiration of the term of said school 
directors now in office; but after their places have become 
vacant, either by the lapse of time or otherwise, their 
places shall not again be filled, and the office shall hence- 
forth be at an end.'° 

Appointment by the court. 

86. After the passage of this act, it shall be the duty 
of the judges of the courts of quarter sessions of the 
several counties to fill the offices created by this act, by 
the appointment of proper persons residing in the said 
boroughs, and the persons so appointed shall hold office 
until their successors are chosen at the next election of 
borouo^h officers." 



8. Act April 23, 1903, Sec. 3, P. L. 271. 

9. Act April 23, 1903, Sec. 4, P. L. 272. 

10. Act April 23, 1903, Sec. 5, P. L. 272. 

11. Act April 23, 1903, Sec. 6, P. L, 272. 



32 COMMON SCHOOL LAW 

Borough school directors. 

Application of Act April 23, 1903, P. L. 271. 

Deputy Attorney General Fleitz said, inter alia : 

87. "The language of this act, while somewhat am- 
biguous, is not capable of more than one construction, par- 
ticularly when viewed in the light of the prior legislation 
upon the same subject. It is entitled 'An Act to designate 
the number of school directors to be elected in the several 
boroughs of the commonwealth not divided into wards, to 
provide for their election, and for the filling of vacancies, 
and to fix the length of term for which they shall serve.' 

"The act further provides that at the first election 
held under its terms in the boroughs to which it applies six 
school directors shall be elected by the voters who shall 
designate on their ballots for which length of time the per- 
sons named shall serve, whether for one, two or three years. 
In a subsequent section it provides that 'the school direct- 
ors now in office, under existing laws, shall act conjointly 
with those who are to be elected under the provisions here- 
of until the expiration of the terms of the former. 

"This act is manifestly an effort to bring within the 
terms of the general law some borough or boroughs not be- 
fore entitled to elect six directors, and has no application 
whatever to any borough not divided into wards, which at 
the time of the passage of the act was entitled to have that 
number of directors. The language of section 2, 'Not now 
enjoying this right by special statute,' refers plainly to the 
right of electing six directors, but its ambiguous character 
seems to have been misunderstood in some sections of the 
commonwealth, and several boroughs which do not come 
within its terms proceeded to elect six directors at the last 
municipal election and now have more than their legal 
quota of those officials. 

"After a careful investigation of the laws which 
were in force prior to the enactment of this statute, as well 
as of the causes which led to its adoption, I am of the 
opinion, and instruct you, that no borough entitled to elect 
six directors, and enjoying that privilege at the time of the 
passage of this act, conies within its provisions, and any 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 33 

election held in any such borough in accordance with the 
terms of this statute is invalid, and of the six directors so 
elected only the two whose terms were designated as for three 
years are entitled to sit on the board or to take a part in its 
proceedings." '^ 
Election of directors in independent districts. 

88. When an independent school district shall be estab- 
lished, the proper court shall, in the decree therefor, desig- 
nate the time and place for holding the annual elections oi 
directors therein, and appoint two persons to hold the first 
election, at a time appointed therefor, who shall give ten 
days' notice thereof, by printed or written handbills, put up 
at not less than six public places within said district; at 
which first election, six directors shall be chosen, two for 
three years, two for two years, and two for one year, then 
next ensuing ; and thereafter two directors shall be chosen 
for three }^ears, at the annual election to be called and held 
by the president and secretary of the board, at the time and 
place, and in the manner, in said decree therefor appointed, 
said election, in all other respects, to be conducted in con- 
formity with the existing school law. iVnd in independent dis- 
tricts, established, or hereafter to be established, by the legis- 
lature, without specifying the mode, time or place, of elect- 
ing directors, the first election shall be held at such time 
and place, within the proper district, as shall be specified by 
written or printed notices thereof, put up at not less than 
ten public places therein, signed by not less than five tax- 
able citizens thereof, and giving ten full days' notice of 
such election, and subsequent elections shall be held at 
such time and place, annually, as shall be designated by 
similar notices, signed by the president and secretary of 
the proper board ; said elections, in all other respects, to be 
held and conducted in the manner in this section before 
provided.'^ 

Election of directors for different terms. Use of *' stickers." 

89. Where ofiicers for the same office are to be chosen 
for different terms, the ballots must specify the terms for 

12. Borough School Directors, 29 Pa. C. C. 468, 1904. 

13. Act April II, 1862, Sec. 9, P. L. 473. 



34 COMMON SCHOOL LAW 

each person for whom they are cast. In an election in 
which four school directors were to be elected in a ward, 
two for the term of three years, one for two years and one 
for one year, the "stickers" on certain tickets did 
not specify tlie term for which the candidate was voted for, 
nor did they by their position on the ticket designate the 
same. Held, they could not be counted. The use of 
" stickers " is permitted and election officers have no au- 
thority to remove them.'^ 
Returns of election, how made. 

90. The duplicate returns of all elections for directors 
shall be made out, signed and sealed by the judges, and de- 
livered by the constable or proper officer of said election, 
one to the board of directors, and tlie other to the court of 
quarter sessions of the county, within ten days thereafter : 
and each person elected a director shall be notified thereof 
in writing, within five days after the election, by the con- 
stable or proper officer, who held the election. '^ 
Contested elections, how decided. 

91. If the legality of any election for directors is con- 
tested, it is necessary to proceed under act of May 19, 1874, 
P. ly. 208, which was held to repeal by necessary implica- 
tion the act of May 8, 1854, Sec. 6, P. L. 618.'^ 

Filling vacancies at any election. 

92. If vacancies are to be filled, at any election of di- 
rectors, in addition to the persons to be elected for the reg- 
ular term, and the voters shall all neglect to designate on 
their tickets, the term of office for which each person voted 
for is a candidate, then the person or persons having the 
highest number of votes, shall be declared elected for the 
longest term or terms; the next highest in vote, after the 
filling of the longest term, shall be declared elected for the 
next longest term, and so on, until all the terms vacant 
shall be filled. '7 



14. In re Contested Election of Gilleland, 96 Pa. 224, 1880. 

15. Act May 8, 1854, Sec. 6, P. L. 618. 

16. Overton School District, 7 D. R. 611, 1898. 

17. Act April 11,1862, Sec. 2, P. L. 471. 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 35 

Purpose of the act. 

93. This act provided only for cases in which the vot- 
ers shall all neglect to designate on their tickets the term 
of office for which each person voted for is a candidate.'^ 
When school board fills vacancy. 

94. Each board of directors shall have power to fill 
any vacancy which may occnr therein by death, resignation 
removal from the district or otherwise, until the next 
annual election for directors, when such vacancy shall be 
filled by electing a person from the district in which the 
vacancy occurs to supply the same. "^ 

Meaning of the word " otherwise." 

95. Failure by the voters to fill a vacancy, at the regu- 
lar annual election, will authorize the board to fill it by 
virtue of the word " otherwise." This means that if a 
member died or resigned, the board appointed another in 
his place, and if at the next election the people failed to 
elect any one to fill this vacancy, the board may again treat 
it as a vacancy and appoint a person to fill it till the next 
succeeding annual election. -° 

Filling of vacaiicies by the board. 

96. It does not require a quorum (four) to fill a va- 
cancy caused by '' death, resignation or otherwise." Any 
number to which the board may be reduced, bj- any one or 
all of these causes, can perform this indispensable duty. 
But to do it satisfactorily, all the actual members should 
be present, or have had notice to be present, for the pur- 
pose. And if only one member remain in office, he can 
legally take means to fill the board. In that case he should 
appoint one new member ; he and that new member should 
then appoint a third, and so on, till the board is full. And 
the whole of these proceedings should be put on the min- 
utes. The law authorizing " less than a majority of direc- 
tors " to fill vacancies in a school board, only applies when 



18. Chamberlain vs. Hartley, 152, Pa. 544, 1893. 

19. Act May 8, 1854, Sec 7, P. L,. 618. 

20. School Laws and Decisions, page 46, 1903. 



36 COMMON SCHOOL LAW 

the number has been reduced below a majority, from causes 
mentioned in either the seventh or eighth sections of the 
act of May 8, 1854, P. L. 618.^' 

Expiration of term of appointment. 

97. An appointment made by a board of school di- 
rectors to fill an existing vacancy therein, qualifies the per- 
son so appointed to hold the office until the first Monday 
in June following the first annual election next ensuing 
such an appointment, at which time the person elected at 
the preceding annual February election will be qualified 
to fill the office for the remaining part of the unexpired 
term. 

For example : — If a vacancy occurs in January, 
1903, and the board then appoints a person to fill the va- 
cancy, the person appointed will hold tlie ofQce until June, 
1903, at which time the person elected in February of that 
3'ear, will be admitted to membership in the board on his 
ceitificate of election for the unexpired term for one year, 
or for two years, as the case may be. 

If a vacancy occurred in March, 1903, and the 
board appointed at once a person to fill the vacancy, he 
would be qualified to hold the ofiice until the first Monday 
in June, 1904, inasmuch as no annual election intervened 
until February, 1904, unless the term expires before that 
date. 

Written resignation. 

98. When a director resigns his office without being 
present in the board, the resignation should be written, 
addressed to the president or, if it be the resignation of the 
president himself, to the secretary. When a resignation 
takes place by a member present, it may be entered on the 
minutes, accepted by the board, and the acceptance also 
entered on the minutes.^^ 



21. School Laws and Decisions, page 43, 1903. 

22. School Laws and Decisions, page 43, 1903. 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 2>1 

Decreasing the number of school directors to two. 

99. The several courts of quarter sessions of the peace 
shall have power and authority, on the petition of twenty 
or more citizens of any borough in which, by virtue of any 
act of Assembly, or decree of court, there are now three 
members of the school board to be elected in each ward 
after due notice to such school board, to decrease the num- 
ber of school directors, to be elected in each of said wards, 
to two. ^3 

Election after such decrease. 

100. And from and after the making of such decree 
there shall be no election in any ward of said borough for 
any person to serve as school director, until the number in 
each ward shall have been reduced to two by the expiration 
of the term of office of those in office at the time of making 
such decree ; and thereafter upon the expiration of the 
term of office of each school director, there shall be elected 
in each of such wards one school director to serve for the 
the term of three years. ^'^ 

How to decide tie vote. 

loi. When two or more candidates shall have an equal 
number of votes for the same term of office, at any election 
of directors or controllers, whereby their election shall be 
presented, the said candidate shall appear at the next regu- 
lar meeting of the board of directors or controllers, which 
said board shall determine their rights to seats therein, in 
the following manner : Ballots shall be prepared, equal in 
number to the opposing candidates, on one-half of which 
the word '' director " shall be written, whereupon the said 
candidates shall each draw, from a proper receptacle, 
one of said ballots, and the candidate or candidates drawing 
the ballot or ballots marked " director," shall be held and 
deemed duly elected to the said office of director or control- 
ler, ^s 



23. Act July 9, 1S97, Sec, i, P. L. 216, 

24. Act July 9, 1897, Sec. 1, P. L- 216. 

25. Act April II, 1^62, Sec. 2, P. L. 471. 



38 COMMON SCHOOL LAW 

Duty of school board to act and determine a director's right to a 
seat when there is a tie vote. 

Mr. Justice McColhim said : 

102. "At the spring election in Turtle Creek Borough 
in 1894, the relator and John T. C. Bowman were opposing 
candidates for the office of school director, and each received 
seventy-nine votes. As they had an equal number of votes 
for the same term of office, it became their duty, in com- 
pliance with section two of the Act of April 11, 1862,?. L. 
471, to appear at the next regular meeting of the board of 
school directors to have their rights to seats tlierein deter- 
mined, and the duty of the board to proceed in conformity 
with the act to decide which of them should hold the 
office. The parties appeared as by the statute they were 
required to do, but Bowman refused to participate in the 
drawing prescribed by it and the board adjourned without 
taking any action in the premises. The relator again ap- 
peared before the board, at its reorganization in June, for 
the purpose of having his right to a seat in it determined, 
but the board declined to act, on the ground that the duty 
of deciding the issue raised by the tie vote rested exclusive- 
ly upon the board as constituted at the next regular meet- 
ing of it after the election. The failure of the board as 
constituted at that time to determine ihe rights of the 
parties before the reorganization of it was regarded by the 
reorganized board as destructive of the relator's right under 
the statute, and as having created a vacancy in the office. 
It therefore declared that a vacancy existed and appointed 
the respondent to fill it. His title to the office thus ac- 
quired is attacked in this proceeding on the ground that 
the board had no legal warrant for appointing him to it. 
The learned court below sustained the relator's contention 
and entered a judgment of ouster against the respondent, 
from which he appealed. 

"It is conceded by the learned counsel for the appel- 
lant that the relator's right to have the case decided under 
the act of 1862 was absolute and could not be taken from 
him or in anywise impaired by any act of the opposing 
candidate, but he insists that this right was lost by the 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 39 

inaction of the board prior to its reorganization in Jnne. 
In other words it is claimed in support of the appeal that 
the postponement by the board of the performance of its 
duty under the act, deprived it of jurisdiction, extinguished 
the relator's statutory right and created a vacancy in the of- 
fice, to be filled by it under section 7 of the act of May 8, 
1854. The consequences of an allowance of this claim are 
well calculated to raise a doubt respecting the soundness of 
it. In the first place the proposition that the effect of the 
neglect or refusal of the board to discharge its plain dutv 
when the parties appeared before it, was to deprive them of 
their statutory rights and it of the power to perform that 
duty at a subsequent meeting, is not tenable. There is 
nothing in the statute which in terms or by necessary im- 
plication attaches such consequences to the non-perform- 
ance of the duty it imposes. The provision in relation to 
the time of appearance by the parties was complied with by 
them, and while it may be inferred from this provision that 
it was the duty of the board to determine their rights at that 
time, there is no legislative mandate to this effect, nor pen- 
alty prescribed for a failure to do so. Having regard to 
the subject-matter, object and language of the act of 1862, 
we are of the opinion that the provision in regard to time 
is directory only and that the board could have lawfully de- 
termined the rights of the parties thereunder at any lawful 
meeting held at or before the beginning of the school year 
when the term of office for which they were candidates com- 
menced. The law puts the duty of determining their 
rights under it upon the board of school directors of the 
proper district. The board is composed of six persons, two of 
whom retire from it at the end of each school year and their 
places are taken by persons chosen for them at the preced- 
ing election. The change thus effected in the membership of 
the board has no effect upon its powers and duties under 
the act of 1862. It follows from these views that it was 
the duty of the reorganized board to comply with the relat- 
or's request and determine his rights to a seat therein, and 
that neither its refusal, the neglect of the board before the 
change of membership in it, nor the act of May 8, 1854, 



40 COMMON SCHOOL LAW 

authorized the appointment to which this litigation relates. 
We conclude, therefore, that the learned court below did 
not err in entering the judgment complained of."^^ 

Women eligible to office of school director. 

103. Women, twenty-one years of age and upwards, 
shall be eligible to any office of control or management 
under the school laws of this state. ^'' 

Legal residences. 

104. Wherever by the requirements of any law, a par- 
ticular residence is a necessary qualification for the election 
or appointment of any officer, removal from such residence 
shall operate as a forfeit of the office. ^^ 

Vacancies without resignation. 

105. Every member ceasing to be a resident of the dis- 
trict for which he was a director, thereby vacates his office 
without resignation, from the day when he ceases being a 
resident, and the fact being known and entered on the min- 
utes, another is to be appointed in his place. The same 
principle applies to changes of residence from one ward 
to another in cities and boroughs, except in cases where 
the election is by a concurrent vote.^^ 

Adopting city charter. 

106. It is held that school directors of a borough do 
not lose their offices upon the adoption of a city charter. 3° 

Title of school director. 

107. Where the right to an office is in question, the 
controversy must be settled by a quo warranto and not 
by mandamus.3' 



26. Commonwealth vs. Meanor, 167, Pa. 292, 1895. 

27. Sec. 3 of Article X of the Constitution of Pennsylvania. 

28. Act May 15, 1874, Sec. 12, P. L- 187. 

29. School Laws and Decisions, page 49, 1903. 

30. Knew vs. Krause, 3 Pa. C. C. 563, 1887. 

31. Carlisle School District vs, Humrich, 18 Pa. C. C. 322, 1893 



ELECTION OF DIRECTORS; FILLING OF VACANCIES 4 1 

Directors exempt from serving in certain offices. 

108. All directors shall be exempted from serving in 
any township, city or borough office, and from the perform- 
ance of any militia duty.^^ The exempting from township, 
city or borough office, does not prohibit the holding of these 
offices, except that of auditor and tax collector, but merely 
confers the right to be excused, if the director desires it.^^ 

Incompatibility of officers. 

109. The office of school director is incompatible with 
that of collector of school taxes, (relating to Schuylkill 
county, see special act of February 17th, 1859, P. L. p. 51) 
constable,^'* paymaster, commissioner of roads, township 
or borough auditor and county commissioners.^s 

School director can act as judge. 

no. A candidate for school director can act as judge 
of the election at which he is beins^ voted for.^^ 



32. Act May 8, 1854, Sec. 10, P. L. 619. 

33. School Laws and Decisions, page 47, 1903. 

34. Act May 8, 1876, Sec. i, P. L. 179. 

35. Act May 15, 1874, Sec. 7, P. L. 187. 

36. Commonwealth vs. Whitlock, 12 D. R. 791, 1903. 



CHAPTER V. 

ORGANIZATION OF BOARDS OF DIRECTORS AND CONTROL- 
LERS. OFFICERS AND DUTIES. 

PAGE 

Ii6. When board shall organize 43 

117. Factional organization 43 

118. Oath of office 45 

119. Officers of the board 45 

120. Business at meeting of organization 46 

121. Election of secretary 46 

122. How to determine the rights of rival candidates 46 

123. Certificate of election 47 

124. Commencement of term 47 

125. When term expires 47 

126. Duties of officers. The president 48 

127. Deeds and contracts 48 

128. Orders 48 

129. President cannot employ teachers 48 

130. President cannot employ attornej- 48 

131. President's duties at close of school year 49 

132.. President's liability 50 

133. The secretary. Duties. Compensation 50 

134. Names and addresses 50 

135- Countersign 50 

136. Monthly reports 51 

137. End of the term 51 

138. Last adjusted valuation 51 

139. Duplicate 51 

140. " I'ennsylvania School Journal " 51 

141. Deeds, contracts, etc. 51 

142. Required to sign orders : 51 

143. May receive a salary 52 

144. No extra compensation 52 

145. Treasurer cannot be secretary 52 

T46. Duty of secretary after annual appointment of teachers 52 

147. The treasurer. Bond. Powers and duties 52 

148. When to enter office 53 

149. Payment of orders 53 

150. Teachers' rights 53 

151. Violation of dut)' of treasurer to purchase school orders 53 

152. Orders on the treasurer 53 

153. Executions. Manner of payment 53 

154. Reappointment of treasurer 54 

155. Settlement 54 

156. Settlement by the auditors 54 

157. Treasurers' accounts in independent districts 54 

158. Percentage 54 

159. Liability of treasurer for failure to pay money to successor 54 

160. Embezzlement 54 



ORGANIZATION OF BOARDS OF DIRECTORS 43 

PAGE 

161. Annual settlement of treasurer 55 

162. When settlement is conclusive 55 

163. Erroneous surcharge of treasurer. Remedy 55 

164. Bank 55 

165. Unlawful payment. When treasurer liable 55 

166. No discretionar}' power of treasurer 55 

167. Penalty for failure of treasurer to pay over funds... 56 

168. Power to remove treasurer 56 

When board shall organize. 

116. The organization of each board of school direc- 
tors shall be had on the first Monday of Jnne or within ten 
days thereafter in each year.' 

Factional organization. 

117. In this case all the directors were legally elected 
but the board was divided into two warring factions in sec- 
tions of three each. Each faction met within the time pre- 
scribed by law and declared the seats of the other three 
members vacant, on the ground that after due notice they 
had neglected to attend regular meetings of the board. 
Each board filled the vacancies and then proceeded to or- 
ganize and assumed authority in all matters relating to the 
schools. 

On petition of more than six taxable inhabitants 01 
the district, the court of quarter sessions found that the 
boards had not been lawfully organized, removed both sets 
of directors and appointed entirely new men in their places. 

On appeal to the Supreme Court, Mr. Justice Dean 
said, in part : — " The testimony convinced the learned judge 
of the court below, that these parties, instead of honestly 
attempting organization, each set of three was trying to 
usurp all the power and exclude the other three from any 
share of control. Each had a previous knowledge of the 
meetings held by the other ; at any one of these the whole 
six could have met and organized, had that been the pur- 
pose ; and if they had done so, no question could have 
been raised as to the fact of legality of the organization. 
But they purposely refrained from meeting together for 
such organization, because that would have included in the 
local board the obnoxious members. There are many pro- 
I. Act April 22, 1863. Sec. x, P. L,. 523. 



44 COMMON SCHOOL LAW 

visions in onr statntes for such conting^encies. The act of 
March i6th, i860, Sec. 2, provides that, any township of- 
fice failing to give the security required by the first section 
of the act within one month after his election, his office 
shall be declared vacant. Justices of the peace elect must 
file acceptance of office to which they are elected within a 
fixed time, or there is a vacancy. In all such cases, the 
non-performance of the preliminary duty enjoined is a fact 
determinable by proof as in other cases, just as the fact 
of death or resignation creates the vacancy to be filled by 
appointment. The same power given to the board by 
section 8 of act of 1854, to declare the seat of a member 
vacant for nonattendance at a regular meeting of the board, 
or to declare the seat of one who has assumed the duties of 
the office vacant on failure to attend two regular meetings, 
has been given the court in case of failure of the wdiole 
board to organize. Nor does section 4, article VI, of the 
new constitution repeal section 9 of the Act of 1854. 
The constitution provides that: "All officers shall hold 
their offices on the condition that they behave themselves 
well while in office, and shall be removed on conviction of 
misbehavior in office, or of any infamous crime." 

While the court, in -the decree, uses the words ''are 
hereby removed from office," the finding on which the 
decree was based is distinctly that the board had not been 
organized ; in other words, a vacancy existed, it was so 
declared, and then filled by appointment. They held no 
office in the board directed to be organized on the first 
Monday of June, 1893, because they wilfully refused to 
organize that board within the plain meaning of the law. 
Hence there was a vacancy, just as in the case of the super- 
visor who refuses to file his bond, or of the justice of the 
peace who refuses to file his acceptance of the office. They 
were not removed from office in the school board ; by 
their wilful disregard of the law they never had office in it. 
The constitution has no application to such a case. In 
the case of neither board was there any such organization 
as the law contemplates. To hold otherwise would lead 
to results in many cases wholly subversive of good order 



ORGANIZATION OF BOARDS OF DIRECTORS 45 

and stability in the control and management of the com- 
mon schools. Fonr members of the board are necessary to 
the transaction of all business, except that of filling- 
vacancies. If, as is not doubted, less than four can 
declare and fill vacancies, how many independent boards, 
under such mere pretence as the evidence here shows, may 
be organized in a district? In this case there were but two ; 
but the fractions of faction are not necessarily limited to 
halves ; they may be thirds or even less, all claiming to be 
regularly constituted, and each attempting to control the 
school interests of the unfortunate district. This is not 
organization, but disorganization, and when the court below 
found as a fact that neither board had been legally organized 
its decree was right. ^ 
Oath of office. 

118. Directors must take oath of office before entering 
upon tlie duties of such office that he will support the con- 
stitution of the United States and the Constitution of the 
Commonwealth of Pennsylvania and the laws thereof; that 
he has used no unlawful means to procure his election to 
said office, and that he will discharge the duties of said 
office for the district in which elected, faithfully and im- 
partialh', and to the best of his understanding and ability. ^ 

The school directors are authorized to qualify each 
other, by oath or affirmation, that they will faithfully dis- 
charge the duties of said office. They are authorized to 
certify the same to the proper authorities. 

It is the duty of the person chosen to act as secretary 
to qualify the person chosen to act as president, and the 
president in turn shall qualify all the other members of the 
board.* 
Officers of board. 

119. Each board of school directors and each board of 
controllers, in cities and boroughs, shall meet and organize 
by choosing a president and secretary, who shall be mem- 



2. Duller Township School District Case, 158 Pa. 159, 1893. 

3. Act April 16, 1891, sec. i, P. L. 22. 

4. Act June 25, 1895, P. L. 284. 



46 COMMON SCHOOL LAV/ 

bers of the board, and a treasurer, who may be a member 
of the board or otherwise, at the discretion of the directors 
or controllers.^ 
Business at meeting of organization. 

120. The first business at the meeting for organiza- 
tion, after the temporary organization, is the reading of the 
returns of election, to ascertain who are members. 2. — 
Directors elect can exercise none of the powers pertaining 
to their office until after the organization of the new 
board, which cannot take place until on or after the first 
Monday of June. 3. — If a board of directors fail to 
organize, it is such neglect of duty as will justify the 
court of quarter sessions, upon the complaint of six tax- 
able citizens of the district, and upon due proof thereof, to 
declare their seats vacant, and appoint others in their 
stead. 4. — If the school directors neglect to organize 
within ten days after the first Monday of June, as specified 
by law, they may do so at a future time, and such 
organization will be strictly legal, if no final steps should 
be taken in the meantime to remove the directors elect 
from office by due course of law. 5. — The officers and 
members of the old board aie to perform their several 
duties until the first Monday of June. The organization of 
the old board ceases with the first Monday in June, but 
steps should be previously taken for calling a meeting of 
the new board in accordance with the law.^ 

Election of secretary. 

121. The board of school directors in every borough 
and township within this Commonwealth, annually, upon 
their organization or within twenty days thereafter, shall 
elect some suitable person as secretary, who may be a 
member of said borad, or otherwise.'' 

How to determine the rights of rival candidates. 

122. A board of school directors should be tempor- 
arily organized by the persons whose right to office is un- 



5. Act May 8, 1854, Sec. 12, P. L. 619. 

6. School Laws and Decisions, page 55, 1903. 

7. Act April 22, 1905, P. L. 285, 



ORGANIZATION OF BOARDS OF DIRECTORS 47 

disputed. After such temporary orgauizatiou, the rights 
of rival candidates may be passed upon by the meeting, 
and the one who is shown, in the opinion of a majority of 
the meeting, prima facia, entitled to the disputed office 
should be recognized and admitted, having first taken the 
prescribed oath of office. A certificate from the clerk of 
the court of quarter sessions in due form, showing that he 
had received a majority of the votes cast for the office in 
question, would support such prima facie right thereto.^ 

Certificate of election. 

123. It is the duty of the school board to accept the 
certificate of the election board, when properly made out, as 
to who was elected to the office of school director ; but if it is 
shown by admissions that the certificate was made out by 
two of the members of the election board, some days after 
the election, in the absence and without the knowledge ot 
the other members of tlie board, it is not conclusive. ^ 

Commencement of term. 

124. The term of office of school directors shall com- 
mence on the first Monday of June ; Provided, That the 
provisions of this act shall not extend to the city of Phila- 
delphia, nor to the county of Alleghany, nor to the cities 
of Reading and Lancaster. '° 

When term expires. 

125. Judge Love said: "The school law provides, that 
if the board fail or refuse to organize, upon petition to court, 
their offices may be declared vacant, or they be removed 
from office and the court appoint to fill such vacancies. 
* * * There is no provision of the law providing that mem- 
bers of the board shall hold over luitil their successors 
duly qualify. And the fact that the law provides for the 
prompt and summary removal of school directors and the 
appointment of others by the court shows the clear intent 
of the leofislature that when the term for which a director 



8. Commonwealth vs. Fletcher, 180 Pa. 456, 1S97. 
•9. Commonwealth vs. Whitelock, 12 D. R 791, 1903. 
10. Act April 22, 1863, P. L. 523. 



48 COMMON SCHOOL LAW 

has been elected has expired, he at once ceases to be a 
director, and is therefore without any power or authority 
to take any action that would bind the district."" 

Duties of officers. The president. 

126. The president shall preside at the meetings of 
the board, call special meetings when necessary, issue the 
duplicate and warrant for the collection of the district taxes, 
take sufficient bond from the district treasurer for the faith- 
ful discharge of his duty, and sign the certificate of the 
assessment of the district taxes, and all orders issued on the 
district treasurer by order of the board, also the annual re- 
port of the district to the county superintendent, and gen- 
erally do and perform all other acts and duties lawfully per- 
taining to the office of president of the board,'^ 

Deeds and contracts. 

127. All deeds and contracts by the district, including 
those with teachers, are to be signed by the president. 

The president votes on every question like every other 
member.'^ 

Orders. 

128. He has no power to draw an order on the treas- 
urer, unless directed by resolution of the board.'"^ 

President cannot employ teachers. 

129. If the president engages a teacher, without au- 
thority, the contract is not binding on the district ; but if 
the directors in any way recognize the contract, the district 
is bound to pay the salary agreed upon, until he is legally 
discharged. '5 

President cannot employ attorney. 

130. The president of a school board has no authority 
to bind the board by employing an attorney and authoriz- 



11. Stincliff & Co. vs. Taylor Township School District, 10 D. R. 697, 

1901. 

12. Act May 8, 1854, Sec. 13, P. L. 619. 

13. School Laws and Decisions, P. L- 57, 1903. 

14. 2 Wh. Dig. 605, P.L. 17. 

15. 2 Wh. Dig; 605, P. L. 20. 



ORGANIZATION OF BOARDS OF DIRECTORS 49 

iiig him to enter judgment in behalf of the school district. 
The employment must be made by the board. '^ 
President's duties at close of school year. 

131. As soon as the schools of any district shall have 
closed for the school year, commencing on the first Mon- 
day of June preceding, the president of the board of direc- 
tors or controllers, shall certify, under oath or affirmation, 
as to the wliole number of months the schools in their re- 
spective districts have been kept open and in operation, 
according to law ; also that no teacher has been employed 
for, or had charge of any of the schools of said district, dur- 
ing the year, who had not a valid certificate from the county 
superintendent, together with the name and post office 
address of the district treasurer, and shall forward the same 
to the county superintendent, who shall immediately ap- 
prove said certificate, if found to be correct, and transmit it 
to the state superintendent of common schools ; if it shall 
appear, by said certificate, that the schools of the district 
have been kept open and in operation, according to law, at 
least seven months subsequeut to the first Monday in June 
preceding, and that no teacher has had charge of any of the 
schools of the district, during the whole time they have 
been kept open during the year, who had not a valid cer- 
tificate from the county superintendent, shall draw his war- 
rant upon the state treasurer for the whole amount whicli 
such district is entitled to receive from the annual state 
appropriation : Provided, That the board of directors or 
controllers, shall, at the same time, forward to the county 
superintendent a report of the condition of the schools in 
their respective districts, as directed in the twenty-third 
section of the act of May eighth, one thousand eight hun- 
dred and fifty-four, P. L. 621, supra sec. : And provided, 
further, That the said certificate and report shall have been 
transmitted to the superintendent of common schools, on, 
or before, the fifteenth of July, of the school year succeed- 
ing the one for which the certificate and report was made.''' 



16. Commonwealth vs. Kerr, 25 Pa. C. C. 645, 1902. 

17. Act April 17, 1865, sec. 3, P. L. 62, as amended by act April 4, 1899, 

P. L. 31- 



50 COMMON SCHOOL LAW 

President's liability. 

132. It is held that the president of a school board act- 
ing for the same, or pretending to act for it, in making a 
contract which the board had no power to make, thereby be- 
comes individually liable thereon.'^ 

If the president and secretary draw an order without 
authority, they are guilty of a misdemeanor ; and if the 
board direct an order to be drawn for any other than a 
legitimate purpose, they subject themselves to indictment.'^ 
The secretary. Duties. Compensation. 

133. The secretary shall keep full minutes of all the 
proceedings of the board, in a book provided for that pur- 
pose, prepare the duplicate of scliool tax, keep an account 
of all abatements and exonerations made by the board, pre- 
pare, attest and forward to the county superintendent, the 
annual certificate that the schools have been kept open dur- 
ing the minimum period specified by law, also the annual 
report of the district, prepare and attest all orders on the 
treasurer, and do and perform all other acts and duties law- 
fully pertaining to the office of secretary of the board ; and 
for his services shall receive such compensation as the 
board may direct. '° 

Names and addresses. 

134. The names and postoffice addresses of the presi- 
dent, secretary and treasurer, are to be sent upon the organ- 
ization of the board, at the first meeting after the annual 
election of directors, by the secretary, to tlie superintendent 
of public instruction, at Harrisburg, and also to the county 
superintendent. 

Countersign. 

135. The secretary is to countersign — that is, officially 
attest all deeds and contracts of the board, after they have 
been signed by the president. If the board has a seal, the 
secretary is to have the custody of it, and is to affix it to 
all deeds and contracts signed by the president. 



18. Forcey vs. Caldwell, 9 Atlaii. 466. 

19. 2 Wh. Dig. 605, page 19. 

20. Act May 8, 1S54, vSec. 14, P. L- 619. 



ORGANIZATION OF BOARDS OF DIRECTORS 5 1 

rionthly reports. 

136. The secretary is to receive the monthly reports 
from the teachers, examine them, and if correct sign them ; 
if not correct he is to have them made so before issuing 
the monthly order for the teacher's salary. 

End of the term. 

137. At the end of the term, the books of monthly re- 
ports are to be deposited with the secretary, and kept by 
him until the commencement of the next term. 

Last adjusted valuation. 

138. The secretary is to see that the " last adjusted 
valuation" of taxable persons and property is procured 
from the county commissioners in time for the making out 
of the duplicate. 

Duplicate. 

139. The duplicate is to be made out by the secretary 
under the direction of the board. He is also to counter- 
sign it, and keep an account of all exonerations. 

♦* Pennsylvania School Journal." 

140. The "Pennsylvania School Journal" when sup- 
plied to each district at the expense of the state, is sent to 
the secretary, and each copy is to be by him laid before the 
board at the next meeting after its reception. 

The file of the Journal, thus received, is also to be pre- 
served and transmitted to his successor in office. 

Deeds, contracts, etc. 

141. The secretary is to keep the deeds, contracts and 
other valuable papers and documents of the district and 
transmit them to his successor.^' 

Required to sign orders. 

142. If he refuse to sign an order legally drawn by the 
president, the board may appoint a secretary pro tem. to do 
it ; and may also remove the secretary from the office of 
director, for refusing to act in his official capacity." 



21. School Laws and Decisions, page 58, 1903. 

22. 2 Wh. Dig. 605, page 17. 



52 COMMON SCHOOL LAW 

flay receive a salery. 

143. A school director may receive a salary for acting 
as secretar}^ of the board, notwithstanding section 66 of 
the criminal code, which does not apply to the secretary of 
a school board. ^-^ 

No extra compensation. 

144. He cannot receive for services rendered apart 
from his office of secretary' ; as for delivering books to 
various school houses in the district.^* 

Treasurer cannot be secretary. 

145. The offices of secretary and treasurer cannot 
properh' be filled by the same person.^'' 

Duty of secretary after annual appointment of teachers. 

146. Immediately after the annual appointment of 
teachers of each district, the secretary of the board shall 
send a written list of their names, and tlie schools to which 
they have been respectively appointed, to the proper county 
superintendent, with a notice of the day upon which the 
ensuing term of school, in the district, will commence, 
and the termination thereof, as directed by the board ''' 

The treasurer. Bond. Powers and duties. 

147. The treasurer shall give bond to the president for 
the use of the district, in such amount and with such 
securities as shall be approved by the board, for the faith- 
ful performance of his duty ; he shall receive all state 
appropriations, district tax, and other funds of the district, 
and pay thereout all orders of the board signed by the 
president and attested by the secretary' ; he shall settle his 
accounts annually with the directors or controllers, in 
default of which he shall not be re-appointed ; he shall pay 
over the balance without delay to his successor in office, 
and generally do and perform all acts and duties lawfully 
pertaining to his office, as district treasurer, and shall be 



23. CommonwealUi vs. Mackin, 8 Kiilp 176, 1896. 

24. Black vs. School District, 16 Monlg. 179, 1900. 

25. 2 Wh. Dig. 605 page 21. 

26. Act April mil, 1862, Sec. 4 P. L. 472. 



ORGANIZATION OF BOARDS OF DIRECTORS 53 

allowed to retain not exceeding two per cent, on tlie money 
passing through his hands for his services.^^ 
When to enter office. 

148. The treasurer is not to enter upon the duties of 
his office till his official bond has been presented and appr- 
oved by the board. 

Payment of orders. 

149. A treasurer has no right to go behind a school 
order to inquire into the propriety of its amount. If it be 
for a legal purpose and signed by the president and attested 
by the secretary, he must promptly pay it, without delay 
or objection, upon presentation by the rightful holder, in 
legal currency, or as good current money as he received. If 
he has no school money in his hands, that cause or refusal 
to pay should be immediately reported to the directors, who 
should take prompt measure to obviate the difficulty. 
Teachers' rights. 

150. It is the legal right of teachers and others to have 
their school orders paid in cash upon presentation to the 
treasurer without hindrance or delay. 

Violation of duty of treasurer to purchase school orders. 

151. It is a gross violation of duty for a school treas- 
urer to purchase school orders ; and if he does it with his own 
funds when there is money in the treasury, he should be 
immediately removed from office, and punished for the 
offence. 

Orders on the treasurer. 

152. Every order should state on its face the purpose 
for which it was drawn. If it does not, the treasurer is not 
bound to pay it; or the auditors on the settlement of his 
accounts may refuse to allow it. 

Executions. Manner of payment. 

153. Executions are to be paid by the treasurer, out of 
anv "unappropriated'' funds in his hands, or which shall 
first come into his hands. "Unappropriated" here means 
money in the treasury beyond the amount of the orders 



27. Act May 8, 1854, Sec. 16, P. L. 620. 



54 COMMON SCHOOL LAW 

issued by the board but not paid, previous to the service of 
the writ of execution. An amount sufficent to pay those 
previously issued orders to be regarded as appropriated. 
Reappointment of treasurer. 

154. No treasurer is to be reappointed until his ac- 
counts for the preceding year have been settled by the 
board, and audited by the district auditors. 

Settlement. 

155. The settlement by the board is for the purpose of 
ascertaining the condition of the district accounts, the 
amount of tax, etc., paid in, and of money paid out, and the 
balance on hand, if any, for the information of the board. 
Settlement by the auditors. 

156. The settlement by the auditors, of the treasurer's 
accounts, is to verify those accounts, and to enable an ap- 
peal to be taken to court, by either party, if the case de- 
mand it. 

Treasurer's accounts in independent districts. 

157. The accounts of treasurers of independent dis- 
tricts will be settled by the auditors of the township from 
which the district was taken. 

Percentage. 

158. Percentage is not to be allowed to any out-going 
treasurer, on the unexpended balance in the district treasury, 
handed over to his successor. 

Liability of treasurer for failure to pay money to successor. 

159. Treasurers who refuse or neglect to pay over to 
their successors in office any balance of funds in their hands, 
are liable to the district for interest on the same from the 
time when this should have been paid over. 
Embezzlement. 

160. If a school treasurer should convert to his own 
use, or use by way of investment, any school moneys in his 
hands, or prove a defaulter, the act will be deemed an em- 
bezzlement, and be punished as a misdemeanor.^^ 



28. School Laws and Decisions, page 62, 1903. 



ORGANIZATION OF BOARDS OF DIRECTORS 55 

Annual settlement of treasurer. 

161. The treasurer shall setile his accounts annually 
witli the directors or controllers, in default of which he 
shall not be re-appointed.^'^ 

When settlement is conclusive. 

162. A settlement by township auditors of the ac- 
count of the treasurer of a school district is conclusive un- 
less an appeal is taken. 3° 

Erroneous surcharge of treasurer. Remedy. 

163. The remedy of a school district treasurer for 
erroneous surcharge at an audit of his accounts is by an 
appeal from the audit as provided by law ; it is too late to 
raise the quesiion upon a motion to strike off the report.-^' 
Bank. 

164. The treasiirer of a school district deposited 
the money of the district in a bank, to his account as treas- 
urer. The bank failed. Suit was brought to recover the 
amount of the treasurer and his suretv. It was held, that 
the bank having a reputation of solvency, and there being 
no negligence on the part of the treasurer, that there could 
be no recovery, but the loss must fall on the school district 
and not upon the treasurer individually.^^ 

Unlawful payment. When treasurer liable. 

165. The treasurer of the school fund, who was also a 
school director, and voted in favor of an unlawful payment, 
cannot shield himself from liability under the warrant of 
the board of directors.^ 

No discretionary power of treasurer. 

166. He has no discretionary power, but must pay the 
order, when presented, if he has funds ; and the auditors 
cannot refuse to receive these orders as vouchers, even if 
drawn for an illegal purpose.^* 



29. Act May 8, 1854, Sec. 16, P. L. 620. 

30. Porter vs. School Directors, 18 Pa, 144, 185 1, 

31. Comnjonwealth vs. Joyce, 3 Pa. Superior Ct. 609. 1897. 

32. School vs. Stoner, 16 Mont. 107, 1900. 

33. The Township of Dickinson vs. L,inn, 36 Pa. 341, i860. 

34. 2 Wh. Dig. 605, P. L. 23. 



56 COMMON SCHOOL LAW 

He may be compelled by mandamus to pay an order^ 
when he has funds in his hands, and sets up no defence in 
his answer. 35 

He is not warranted in refusing to pay an order prop- 
erly drawn, for a legal indebtedness, because the board has 
failed to provide funds sufficent to pay all indebedness of 
the district, or because payment of the order would not 
leave enough money in the treasury to meet current ex- 
penses. ^^ 

Penalty for failure of treasurer to pay over funds. 

167. His refusal to pay over the whole funds in his 
possession, on demand, is evidence that he has used them 
for his private purposes, and subjects him to criminal 
prosecution. 37 

Power to remove treasurer. 

168 It appears that the board of directors of the Home- 
ward sub-school district, in the City of Pittsburg, at its or- 
ganization, in June 1900, chose the respondent treasurer of 
the board. iVt a subsequent meeting this action was recon- 
sidered and another person chosen in his place. 

On the appeal the Supreme Court decided that the office 
of treasurer of a school board is an appointed officer within the 
meaning of the constitution and removal at the pleasure of 
the board. 3^ 



35. Commonwealth vs. Johnson, 24 Pa. Superior Ct.490, 1904. 

36. Commonwealth vs. Virtue, 13 Lug. L. Reg. Rep. 191, 1904. 

37. 2 Wh. Dig. 605, page 26. 

38. Commonwealth vs. Sulzner, 198 Pa. 502, 1901. 



CHAPTER VI. 

MEETINGS. VACANCIES. APPOINTMENTS. 

PAGE 

169. Meeting of directors and controllers 57 

170. " Stated and regular meetings of boards " defined 57 

171. School directors have power to declare vacancies and make 

appointments 58 

172. School directors sustained in removing absentees and appoint- 

ing others.. 58 

173. Proceedings to ouster a director for absence. Meaning of 

expressions "to meet at the call of the president," "to 
adjourn to a time and place certain," and "special or 
adjourned meetings" 60 

174. Procedure upon convening of board 62 

175- Quorum 62 

176. Motions and resolutions 62 

177. When no business can be transacted 63 

178. Tie vote loses the question 63 

179. Regular meeting 63 

180. Special meeting of the board. By whom called 63 

181. President and secretary pro tempore 63 

182. To prevent delay 64 

1S3. Directors' annual meeting. Compensation 64 

184. When city treasurer becomes school treasurer 64 

Meeting of directors and controllers. 

169. Each board of directors and controllers shall hold 
at least one stated meeting in every three months ; and 
such other meetings as the circumstances of the district 
may require, shall be held at such time and place as may 
be designated by the president and secretary, upon due no- 
tice given to each member of the board. If less than a 
majority of directors or controllers attend any meeting, no 
business shall be transacted thereat, except that of adjourn- 
ment, and of appointment to fill vacancies in the board.' 

'* Stated and regular meetings of boards " defined. 

170. The terms, "stated meeting" or ''regular meet- 
ing" of a board of directors or controllers, whenever they 
occur in the act to which this is a further supplement, (act 
May 8, 1854, P. L. 617) shall hereafter, be taken to mean 
the first meeting thereof, for organization, after the annual 
election of directors or controllers, and the monthly, or 



I. Act May 8, 1854, Sec, 17, P. L. 620. 



58 COMMON SCHOOL LAW 

other periodical meetings, held thereafter, in accordance 
with the standing regulations of the board ; but if there 
are no standing regulations, then every meeting, held in 
succession, from said first meeting for organization, by ad- 
journment to a time and place certain, and so entered on 
the minutes of the proper board, shall be, to all intents and 
purposes, regarded as a regular meeting.^ 

School directors have power to declare vacancies and make appoint^ 
ments. 

171. Tliat if any person duly elected a school director 
shall refuse to attend a regular meeting of the board, after 
having received written notice from the secretary to appear 
and enter upon the duties of his office, or if any person hav- 
ing taken upon him the duties of his office as director, shall 
neglect to attend any two regular meetings of the board in 
succession, unless detained by sickness or prevented by 
absence from the district, or to act in his official capacity 
when in attendance, the directors present shall have power 
to declare his seat in the board vacant, and to appoint an- 
other in his stead to serve until the next regular election. ^ 

School directors sustained in removing absentees and appointing 
others. 

172 The seats of three members of the school board of 
Pittston township, were declared vacant on August 24, 1896, 
and other persons appointed in their stead. This action of 
the directors was taken in supposed pursuance of the act of 
May 8, 1854. It is not denied that the three members failed 
to attend the meetings of the board held on the 17th, 20th 
and 24th of August, 1896. If these were "regular" meet- 
ings in contemplation of law, then the action taken was 
within the jurisdiction of the directors, and their discretion 
cannot be impeached in this proceeding All official delib- 
erative bodies have the inherent right to assemble in pur- 
suance of a previous adjournment. Where the record of 
minutes of a previous meeting shows an adjournment to a 
time and place certain, then such adjourned meeting will be 
considered regular. 



Act April II, 1862, Sec 3, P. L. 471. 
Act May 8, 1854, Sec. 8, P. L. 618. 



MEETINGS VACANCIES APPOINTMENTS 59 

But it is claimed in the present case that the general 
rule applicable to deliberative bodies is qualified in the case 
of school directors, by act of April 11, 1862, P. L. 471, which 
in section 3, provides that "the term stated meetings or 
regular meetings .... shall hereafter be taken to mean the 
first meeting thereof for organization after the annual elect- 
ion of directors or controllers, or the monthly or other per- 
iodical meetings held hereafter, in accordance with the 
standing regulations of the board.'' This act, however, con- 
tains the following additional provision: "But if there are 
no standing regulations, then every meeting held in suc- 
cession from the said first meeting for organization by ad- 
journment to a time and place certain, and so entered on 
the minutes of the proper board, shall be to all intents and 
and purposes regarded as a regular meeting." The board of 
directors of the Pittston township district has never adopted 
any standing rule or regulation in reference to the time of 
holding regular monthly meetings. It seems to have been 
their practice to meet from time to time, at the call of the 
chairman. This is shown by the minutes. The meetings of 
the 3d of August, of the 17th, and of the 20th, all seem to 
have been held in a regular manner, — the first at the call 
of the chairman, and the others in pursuance of adjournment 
properly noted on the minute book. At a meeting on the 
20tli, there being but two directors present, an adjournment 
was ordered to the 24th at 7:30 P. M. in the Morgan Lane 
schoolhouse. This also appears on the minutes. It would 
seem, therefore, that the adjourned meeting held on the 24th 
of August, 1896 was regular in all respects. And it appears 
from the depositions that the three members were duly not- 
ified of the meeting, but did not see proper to attend it. 
Upon appeal to the Supreme Court, a Per Curian 
opinion was delivered as follows, to wit: 

The office of school director was intended to secure 
a fair and intelligent administration of the school laws in 
the interest of public education. When these officers can- 
not, or will not, discharge their duties, the law provides for 
their prompt removal and the appointment of others better 
able or more willing to serve the public with fidelity. An 



6o COMMON SCHOOL LAW 

examination of the case has satisfied us that a proper oc- 
casion for the exercise of this power of removal and appoint- 
ment had arisen in Pittston township, and that it was exer- 
cised in a regular and valid manner. •* 

Proceedings to ouster a director for absence, fleaning of expres= 
sions " to meet at the call of the president," " to adjourn to 
a time and place certain," and " special or adjourned meet= 
ings." 

173. The board met for organization on June 5th ; 
this was admittedly a regular meeting and the relator was 
present. This meeting adjourned " to meet at the call of 
the president," and on such call a second meeting took 
place on June 15th, from which the relator was absent. 

This was not a regular meeting by the terms of the 
statute, not being held in accordance with any standing 
regulations of the board nor by adjournment " to a time 
and place certain." It was merely what is known in the 
common usage and understanding of legislative and cor- 
porate bodies as a special or adjourned meeting. The 
board however at this meeting adopted a standing regula- 
tion that " the regular monthly meeting was to be held at 
Hecksherville and Black Heath, on the first Saturday of 
every month, at half past six o'clock." 

The next meeting took place in accordance with this 
regulation on July i, the first Saturday of the month. This 
was a regular meeting and the relator having been absent 
must have this counted against him. This meeting ad- 
journed to July 10, at which date another meeting took 
place, from which relator was absent. This was not a reg- 
ular meeting within the present question, because the 
standing regulation adopted June 15 had fixed the first Sat- 
urday of every month for such meetings. It was, there- 
fore, merely an adjourned meeting and the relator's absence 
was immaterial in the present controversy. 

The next meeting, and the last with which we are con- 
cerned, took place on August 5, the first Saturday. This 
was a regular meeting, and made the second in succession 
from which the relator was absent. The action declaring 



4 Keating vs. Jordan, 181 Pa. 168, 1897. 



MEETINGS VACANCIES APPOINTMENTS 6 1 

his seat vacant was taken at this meeting. It was clearly 
premature and therefore void. It is claimed by the relator 
that he was on his way to the meeting, though somewhat 
late, and that the action of the board was hurried through, 
and the meeting adjourned in order to prevent his attend- 
ance. On the other hand appellants claim that the resolu- 
tion to vacate the seat was the last thing done before ad- 
journment, and that the meeting was therefore over when 
this action was taken. It is not material to this case which 
version of the facts is correct. The action was void in 
either view. The statute does not authorize ouster for 
coming late to meetings, but for absence, and absence can- 
not be determined or declared until the meeting is actually 
adjourned. If the relator had entered the meeting during 
the vote on adjournment he would have had a right to par- 
ticipate in the proceedings, and to be counted as present at 
the meeting. 

It was distinctly held in Zulich vs. Bowman, 42 Pa. 83, 
that until the second meeting was over, it could not be 
finally ascertained that the member was absent. See also 
Genesee Township Independent School District vs. McDon- 
ald, 98 Pa. 444, 450. 

There is another equally conclusive reason why no ouster 
can be declared at the second meeting. The act does not 
make absence from two regular meetings necessarily a cause 
for ouster, but only " unless detained by sickness or pre- 
vented by absence from the district." Conceding that the 
burden of showing such excuse would be upon the absent 
member, he would nevertheless be entitled to notice and an 
opportunity to be heard to present it, and this could not be 
afforded without a subsequent meeting. The act is highly 
penal in that it permits a few individuals, liable to be gov- 
erned by personal feeling, as is intimated not only by the 
learned judge in this case, but also in Zulich vs. Bowman, 
supra, from the same county, to oust by summary proceed- 
ings the officer duly chosen by the electors to represent them 
in their school matters. The act, therefore, must be strictly 



62 COMMON SCHOOL LAW 

construed, and every step in the proceedings must clearly 
appear to have been regular and within the authority con- 
ferred by the statute. ^ 

Procedure upon convening of board. 

174. The minutes of the last preceding regular, and of 
all intervening special or called meetings, should be read 
immediately after calling the roll, at every regular meet- 
ing. But the minutes of previous meetings need not be 
read at any special or called meetings. 

Quorum. 

175. Four members, regularly convened, can transact 
any business within the power of the board ; and the 
majority of a quorum (three) can decide any question except 
those specified in Act April nth, 1862, Sec. 4, P. h. 472, 
which are as follows, to wit : That no tax for school or 
building purposes shall be levied, no resolution shall be 
adopted for the purchase or sale of any school real estate, no 
school house shall be located or its location abandoned or 
changed, no teacher shall be appointed or dismissed, no an- 
nual school term shall be determined on, nor shall any gen- 
eral course of studies be adopted or annual series of text 
books be selected, in any common school district, except by 
the affirmative votes of a majority of the whole number of 
the directors or controllers thereof; and in each of said 
cases the names of the members voting both in the affirma- 
tive and the negative shall be so entered on the minutes of 
the board by the secretary. 

Motions and resolutions. 

. 176. All motions and resolutions of importance, such 
as those for the laying of tax, purchase or sale of houses and 
lots, fixing the duration of the school term, etc., should be 
put in writing by the person offering them, before being en- 
tertained by the president, and should be entered on the 
minutes at length. 



5. Commonwealth vs. Gibson, 196 Pa. 97, 1900. 



MEETINGS VACANCIES APPOINTMENTS 63 

When no business can be transacted. 

177. If less than four members attend, no business can 
be legally transacted, except adjourning to some future time, 
then to be named, and filling vacancies in the board. 

Tie votes loses the question. 

178. A tie vote loses the question ; that is, the same 
number of votes on each side ; or, rather, failing to carry by 
a majority of those voting, it leaves the question where it 
was before the vote was taken ; and, therefore, effects no 
change. 
Regular meeting. 

179. Every regular meeting should adjourn to meet 
again at a time and place then agreed on, and so entered on 
on the minutes; unless the time and place are determined on 
by the standing regulations, which ought always to be the 
case.'' 

Special meetings of the board. By whom called. 

1 80. If the president of board of school directors, or con- 
trollers, shall neglect or refuse to call special meetings when 
required by a written request, signed by three members of 
the board, such meetings may be called by any two members 
of said board; and any business transacted at a meeting so 
called, shall be legal, the same as though the meetings had 
been held pursuant to a notice given by the president.-' 

President and secretary pro tempore. 

181. If the president or secretary shall absent himself 
from any meeting of the board, or being present, shall refuse 
to perform any duties of his office, a president or secretary 
pro tempore shall be appointed by members present, an en- 
try thereof being made on the minutes; and the acts necess- 
arily performed by such president or secretary pro tempore, 
during such meeting shall be as valid and binding on the 
Jpoard and district, as if they had been performed by the 
regular officer of the board.^ 



6. School Laws and Decisions, page 67, 1903. 

7. Act April 17, 1863. Sec. 2, P. L,. 62. 

8. Act May 8tli, 1854, Sec. 15, P. L. 626. 



64 COMMON SCHOOI. LAW 

To prevent delay. 

182. This act is intended to prevent delay in the pro- 
ceedings of a board by the absence, or, if present, by the 
refusal to act of the regular officer. If others are appointed 
in such cases, pro tempore, the fact, either of absence or re- 
fusal to act, should be entered on the minutes, with the 
names of the persons substituted. This being done, the 
official acts of the officers pro tempore, or either of them, 
are as valid and binding on the district as those of the regu- 
lar officers would have been, had they acted. ^ 

Directors' annual meeting. Compensation. 

183. It shall be the duty of each school director, in each 
of the districts of each county, to attend each annual meet- 
ing of school directors, called by the county superintendent 
for the purpose of considering and discussing questions per- 
taining to school administration ; and each school director 
attending such annual convention shall receive, for his neces- 
sary expenses, compensation at the rate of $2.00 per diem, 
and mileage at the rate of three cents per mile, to be paid 
out of the funds of the district which he serves. But the 
expenses shall not be paid for more than two days at any an- 
nual meeting.'" 

When city treasurer becomes school treasurer. 

184. The city treasurer shall ex-ofiicio be school treas- 
urer, and before entering upon the duties of his office, shall 
give bond to the school directors, conditioned for the faith- 
ful performance of his duties, in such amount as the board 
shall direct, and with such sureties as by them approved ; 
and shall also before he enters upon his office take and sub- 
scribe an oath or affirmation of like nature as is hereinbefore 
prescribed by the city treasurer.'^ 



9. School L,aws and Decisions, page 66, 1903. 

10. Act April 10, 1905, Sec. 2, P. L,. 139. 

11. Act May 23, 1874, Sec. 42, P. L,. p. 256. 



CHAPTER VIL 

POWER OF THE COURTS TO REMOVE DIRECTORS. 

PAGE 

185. Power of the court of quarter sessions to remove directors 65 

186. Removal of whole board for failure to organize 65 

187. Meaning of "so far as the means of the district will admit "... 66 
1S8. Removal for failure to elect necessar}- teacher 67 

189. Removal for non-performance of duties 67 

190. Power of the court of common pleas to remove directors 67 

191. Power of the court to grant a rule upon the directors 68 

192. Intentions of the act 68 

193. Power of the court to remove directors under the act of June 

6, 1903 69 

194. Attorney fees cannot be taxed as costs 72 

Power of the court of quarter sessions to remove directors. 

185. If all the members of any board of directors or 
controllers shall refuse or neglect to perform their duties by 
levying the tax required by law, and to put or keep the 
schools in operation, so far as the means of the district will 
admit, or shall neglect or refuse to perform any other duty 
enjoined them by law, the court of quarter sessions of the 
the proper county may, upon complaint in writing, by any 
six taxable citizens of the district, and on due proof thereof, 
declare their seats vacant, and appoint others in their stead, 
until the next annual election for directors.' 

Removal of whole board for failure to organize. 

186. A petition was presented to the court of quarter 
sessions under the above act of assembly praying for the 
removal of the directors for neglect to perform their duty in 
failing to organize as a board as required by act of April 22, 
1863. 

The court said: "The act of 22nd of April, 1863, is 
peremptory in its injunction that the organization shall be 
on the first IVIonday of June or within ten days thereafter, 
and upon failure to organize, the court of quarter sessions 
may, upon petition of not less thad six taxable inhabitants 
of the district, declare their seats vacant and appoint others 
in their stead until the next annual election." 



I. Act May 8, 1854, sec 9, P.L. 617. 



66 COMMON SCHOOL LAW 

" The directors elect did not organize within ten days 
after the first Monday of June, 1893, and this gave juris- 
diction to the court of quarter sessions to declare their seats 
vacant and appoint others The court did not determine 

their title to the office, it only determined whether those 
having an unquestioned title to the office had neglected to 
perform the official corporate act enjoined by law within 
the time fixed which was necessary to their existence as a 
school board. The court on competent evidence ascertains 
the fact, then the vacancy follows, and the power of appoint- 
ment by the court. There are many provisions in our 
statutes for such contingencies. The act of March 16, i860, 
sec. 2 provides that, any township officer failing to give the 
security required by the first section of the act within one 
month after his election, liis office shall be declared vacant. 

"Justices of the peace elect must file acceptance of office 
to which they are elected within a fixed time or there is a 
vacancy. In all such cases, the non-performance of the pre- 
liminary duty enjoined is a fact determinable by proof as 
in other cases, just as the fact of death or resignation creates 
the vacancy to be filled by appointment. The same power 
given to the board by section 8 of act of 1854 to declare the 
seat of a member vacant for non-attendance at a regular 
meeting of the board, or to declare the seat of one who has 
assumed the duties of the office vacant on failure to attend 
two regular meetings, has been given the court in case of 
failure of the whole board to organize. These directors hold 
no office because they failed to organize as the law requires. 

"Hence there was a vacancy, just as in the case of the 
supervisor who refuses to file his b3nd, or of the justice of 
the peace who refuses to file his acceptance of the office. 

By the wilful disregard of the law they never had office 
in it."^ 
Meaning of " so far as the means of the district will admit." 

187. The words "so far as the means of the district 
will admit," do not justify directors in. providing means to 
keep the schools in operation any shorter term than seven 

2. Butler township school district, 158 Pa. 159, 1893. 
Removal of school directors, 14 D. R. 717, 1905. 



POWER OF THE COURTS TO REMOVE DIRECTORS 67 

months ; because the law expressly enjoins it on the board 
to keep them "in operation not less than seven nor more 
than ten months in the year." The discretion given, there- 
fore, only relates to those extremes, between which they 
may select any term suitable to the means of .the district. 
But if the directors do not keep the schools open at least 
the minimum term of seven months, the court will remove 
them from office.^ 

Removal for failure to elect necessary teacher. 

188. Where a board of school directors, by reason of 
being unable to agree upon the amount of salary to be paid, 
have failed to appoint a necessary teacher, it is such a neglect 
of duty as will authorize the court of quarter sessions to de- 
clare their seats vacant and to appoint others in their 
stead/ 

Removal for non-performance of duties. 

189. School directors will be removed from office where 
they have allowed school property to deterioate for need of 
repairs, have failed to pay their teachers and janitors, have 
neglected to supply fuel to the school, have permitted the 
schools to remain in an unsanitary condition, and have ap- 
plied current funds needed for current expenses to pay claims 
which should have been otherwise provided for.^ 

Power of the court of common pleas to remove directors. 

190. Whenever the school directors or controllers of 
any city, borough, township or independent school district 
shall wilfully neglect or refuse to provide suitable houses, 
rooms or buildings in and for any school district within 
their jurisdiction and under their supervision and control, 
with ample room and seating capacity for the reasonable 
and convenient accommodation of all the school children re- 
siding within the district who may be in attendance, or who 
desire to attend the school or schools therein, then ten or 
more taxable citizens, residents of the said district, may set 



3. School Laws and Decisions, page 51, 1903. 

4. Bloomsburg School Directors, 121 Pa. 293, 1888. 

5. Pittston Township School Directors, 30 Pa. C. C. 92, 1904. 



68 COMMON SCHOOL LAW 

forth in writing the facts in the case, under oath or affirma- 
tion of at least six persons who signed the statement, and 
petition the court of common pleas of the county in which 
said school district is situated, or in vacation any judge of 
the said court, for the appointment of a competent inspector, 
whose duty it shall be to visit the district by order of the 
court or judge thereof, and inquire into the facts set forth 
in the complaint submitted, giviug due notice to the mem- 
bers of the board of directors against w^hom the complaint 
for neglect of duty is made, and to other persons concerned, 
and the said inspector shall report to the court or proper 
judge thereof, under oath or affirmation, of the result of his 
personal inspection and investigation, accompanied by state- 
ments of facts and proofs obtained in ihe case.^ 
Power of the court to grant a rule upon the directors. 

191. If, after hearing the allegations and the proof 
offered to substantiate the charges set forth in the complaint 
or to disprove them, and, after having fully and diligently 
inquired into all the facts and circumstances bearing on the 
case in point, the aforesaid inspector finds that the directors 
or controllers have refused, neglected or failed, without 
valid cause for such refusal, neglect or failure on their part, 
to prove and maintain suitable and adequate accommoda- 
tions for the school children of the district as the law re- 
quires, he shall so report to the court or to the judge ap- 
pointing him, and the court in such case is hereby author- 
ized and empowered to grant a rule upon the directors or 
controllers then having jurisdiction in the district, or such 
of them as have wilfully neglected or failed without justifi- 
able excuse to perform the duties enjoined upon them by 
law, to show cause why the court or the judge thereof 
should not remove them from office and appoint others in 
their stead, until the next annual election for directors. ^ 
Intention of the act. 

192. By the act of June 6, 1893, the legislature intended 
to confer a certain power of supervision of the discretion of 



6. Act June 6, 1903, Sec. i, P. L. 330. 

7. Act of June 6, 1893, Sec. 2, P. L,. 330. 



POWER OF THE COURTS TO REMOVE DIRECTORS 69 

school boards on the state courts, which, under the act of 
May 8, 1852, P. L. 617, the courts did not have. It was 
also the purpose of the act to confer on the courts of com- 
mon pleas a power, through the appointment of an inspector 
to ascertain the facts and determine whether the directors 
have exercised a sound discretion in providing suitable ac- 
commodations for all the school children of the district ; 
but the findings of fact by such inspector are not conclusive 
in the court of common pleas. 

School directors are not entitled to notice of the time 
and application for the appointment of an inspector. All 
that the law requires is that they shall have notice of the 
investigation. 

It is no ground for reversing an order of the court of 
common pleas that the inspector appointed was an attorney 
at law.^ 
Power of the court to remove directors under act of June 6, 1893. 

193. Under the school law of 1854, the courts of this 
Co nmouwealth have invariably refused'to interfere with the 
discretion of school directors in all matters, especially in the 
building and location of schoolhouses, for the reason that 
matters of discretion are not reviewable in law or equity. 

It is only in cases of bad faith equivalent to fraud that 
the courts would interfere, suggesting that the remedy for 
the abuse of discretion was in the votes of the taxpayers at 
the polls. The act of 1893, however, has expressly given to 
courts enlarged powers. Justice Dean, in delivering the 
opinion of the Supreme Court on an interpretation of this 
act of assembly in re rule upon G. S. Walker, Rose's App. 
179 Pa. 24, says, among other things: "There is no doubt, 
however vaguely expressed, that the legislature intended by 
the act of 1893, to confer a certain power of supervision of 
the discretion ot school boards on the state courts, which, 
under the law of 1854, they did not therefore have." 

And further on in commenting upon the wording 
of section i, viz: "If the directors shall wilfully neglect or 



Gross' Appeal, 179 Pa. 24, 1897 
Petition of Barr, 188 Pa. 122, 



70 COMMON SCHOOL LAW 

refuse to provide houses, rooms or buildings, then on peti- 
tion of ten or more taxable citizens, the court shall act." 

"This imposes upon the court the duty" says Justice 
Dean, "through its own appointees of investigation and 
putting upon record the facts and testimony. If the inspec- 
tor then finds that 'without valid cause' the directors have 
neglected or refused to perform their duty, he shall report. 

" It will be noticed, the words, 'wilfully neglected and re- 
fused,' are here dropped, and the words, 'without valid 
cause,' substituted; words not by any means importing the 
same thing. If a duty be enjoined on an officer, his refusal 
to perform it is wilful. He has no discretion as to its per- 
formance. But if he be commanded to do a certain act, unless 
lie have a valid cause for not doing it, and he then refuses 
for cause, the question is at once raised between him and 
his superior, whether the cause is sufficient to excuse him in 
his disobedience; it brings the judgment and discretion of 
the subordinate at once under the supervision of his superior. 

And further reading of section 2, bears out this view. 

"It says the court is empowered to grant a rule on those 
directors who 'have failed without justifiable excuse' to 
perform the duty enjoined. 

"This discretion also settles another question raised in 
the same case; that is, that the finding of fact by the inspec- 
tor is not conclusive, liice that of an auditor, on the court 
below. His reported conclusions are subject to a careful 
review on the rule to show cause on school directors, which 
the act of assembly authorizes, in case the inspector finds 
tiiat the directors have refused, neglected or failed to pro- 
vide adequate accommodations, as required, ' without valid 
cause for such refusal, neglect or failure.' 

"We have very carefully examined the testimony and 
the report of the inspector in the case, because we feel that 
the power given us by the act of assembly should be exer- 
cised only in a very clear case. The facts in this case, as we 
gather them from the testimony taken by the inspector, 
are plain, and clearly show that there is an absolute necessity 
for a new schoolhouse at the village of Kirkwood, The 
testimony shows, as the inspector says, that there are thirty- 



POWER OF THE COURTS TO REMOVE DIRECTORS 7 1 

eight children of school age in the village of Kirkwood, 
within a radius of half a mile from the center, and the near- 
est schools to the said village, which these pupils now at- 
tend, are each a mile and a half distant, and that the seating 
capacity for all school children residing within the district, 
who desire to attend these is insufficent to accommodate 
them. These facts are uncontroverted. The testimony also 
shows, and the inspector so reports as the fact, that there 
has been no change in school sites or locations during tlie 
the past sixty years, and no additional school house facil- 
ities were furnished in that time, and the school tax rate 
in said district in 1895 was but two and a half mills on the 
dollar, which was reduced to two mills in 1896, and that 
the board of school directors had reduced the salaries of 
teachers $2.00 a month; while the school law authorizes an 
amount of tax to be levied annually equal in amount to the 
county and state taxes, which is thirteen mills on the dollar 
for school purposes and an equal amount for building 
purposes, making in all twenty-six mills on the dollar. 

" It seems to us that there could scarcely be a stronger 
appeal made to the legal discretion of a court, than the one 
now before us. The abuse of discretion in this case is very 
clear, in our opinion, which compels us to make this rule 
absolute, the costs to be paid by the school district." 

In reviewing the case the Supreme Court, by Mr. 
Justice Dean, said:- 

"This wasaproceedingundertheact of June 6th, 1893, 
to remove the board of school directors of Colerian town- 
ship school district, Lancaster County, for neglect and re- 
fusal to provide suitable school houses within the district 
to accommodate all the school children residing therein. 

"The court appointed an inspector as provided by the act, 
who took much testimony on both sides, and in a very 
careful report finds that the averments of the petition are 
true. On the report being presented to the court additional 
testimony was taken in the shape of depositions ; the court 
again carefully considered the whole subject, and in an un- 
answerable opinion filed concurred with the inspector. 



72 COMMON SCHOOL LAW 

"Then, an order or removal was made, a new board 
appointed, a tax laid and a new school honse built. From 
the decree of removal we have this appeal by the old board. 

"The principal assignment of error is an attack on the 
power of the court under the act of 1893. We shall not re- 
peat what we said in Ross's appeal, 179 Pa. 2s, and in 
Kittaning School District's Appeal 179 Pa. 60. After a 
careful consideration we adopt the construction of the act 
announced in these cases, and we adhere to it now. 

" Evidently when the legislature adopted the policy of 
largely increased state appropriations, it also adopted the 
policy of conferring on the state courts enlarged powers ot 
supervision. The millions of additional money appropri- 
ated were not intended to lesson local taxation, but to in- 
crease the efficiency of the schools. 

" The court below, on ample testimony, has found the 
facts warranted its decree; we would not touch it, unless 
there was a manifest error in its findings or a flagrant abuse 
of its discretion."^ 

Attorney fees cannot be taxed as costs. 

194. On September 8, 1899, six taxable citizens of the 
school district of the borough of Alden presented a petition 
to the court of quarter sessions setting forth that the school 
directors of the said district had neglected to perform their 
duties as required by law, asking the court to declare their 
seats vacant and appoiut others in their stead. 

On this petition a citation was issued commanding the 
directors to show cause why their seats should not be de- 
clared vacant and others appointed in their stead. No 
answer was made to this citation, and on its return the seats 
of the members of the board were declared vacant and others 
appointed in their stead, the court making a decree that the 
costs of the proceeding should be paid by the school district. 

A bill of costs was filed amounting to $42.95, part of 
which was a fee of $25.00, for counsel, who conducted the 
proceedings. The school district declined to pay the coun- 
sel fee of $25.00, and this rule was taken to compel payment. 



9. Petition of Barr, i88 Pa. 122, 1S9S. 



POWER OF THE COURTS TO REMOVE DIRECTORS 73 

The act of assembly of May 8, 1854, P. L. 618, under 
which this proceeding was instituted, makes no provision 
for the payment of fees. Without some statute authorizing 
it none can be allowed. Commonwealth vs. Myers, 170 
Pa. 380. 

No such statute has been pointed out by the petitioners. 
In re Incorporation of the Borough of Wayne, 7 Del., 545, 
while not exactly in point, decides the principle which 
governs this case. It is against the contention of the peti- 
tioners. Rule discharged.'" 



10. In re School District of Alden Borough, 23 Pa. C. C. 416, 1900. 



CHAPTER VIII. 

DIRECTORS — CONTROLLERS TO ESTABLLSH SCHOOLS. 

PAGE 

195. Establish schools 74 

196. Discretionary powers of directors 75 

197. Right of children to attend school 75 

19S. No race distinction 75 

199. Children of charitable institutions 76 

200. Residence of pupils 76 

201. Mechanic arts. Athletics 77 

202. Free kindergartens 77 

203. Duty of school directors to visit schools 77 

204. Annual report to county superintendent 78 

205. State appropriation forfeited 78 

206. Power of directors and controllers to establish grades of schools 78 

207. Regulation of grade and transfer 78 

208. Deaf mute children. School board to open and maintain a 

special school for their education 79 

209. Expenses paid out of school district funds 79 

210. Indigent blind children. Expenses paid out of school funds... 79 
2ri. Extension of time 80 

212. Homes for friendless children. Powers of trustees and 

managers. May petition court Ko 

213. Contents of petition to court of common pleas 80 

214. Order of court and duty of county commissioners 81 

215. Court to appoint one-third of trustees and managers 81 

216. Duties of treasurer 81 

217. Duty of auditors 81 

218. Admission of friendless children 82 

219. Visitors of institutions 82 

220. Acceptance of act and employment of teachers 82 

221. Admission of orphan and friendless children to the public 

schools. Tuition 83 

222. Children of soldiers 83 

223. Children not to be employed under certain age 84 

224. Employers' register and contents 84 

225. Affidavit by parent or guardian 84 

226. When affidavit by child 84 

227. Cost of affidavit 84 

228. Qualifications of minors under sixteen. Exceptions 84 

229. Teacher's certificate 85 

Establish schools. 

195. The board of directors of every district, and con- 
trollers in cities and boroughs, shall possess and exercise the 
following powers and perforin the following duties, together 

with the other powers and duties given and enjoined by 
this act. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 75 

They shall establish a siifificient number of common 
schools for the education of every individual between the 
ages of six and twenty-one years, in their respective districts, 
who may apply for admission and instruction, either in per- 
son or by parent, guardian or next friend.' 
Discretionary power of directors. 

196. Justice Williams said : — " In the performance of this 
statutory duty, the school directors must decide, in the exer- 
cise of their discretion, when a new school house becomes 
necessary, and where it should be located. This discretion 
is not an arbitrary one, to be exercised without re- 
gard to the public convenience ; but a reasonable one, to be 
exercised in accordance with the judgment of the school 
directors. Mistakes in judgment are not always to be 
avoided, nor are they to be punished by a summary dis- 
missal of the directors from office. The courts do not super- 
vise the discretion of the directors as to the manner in which 
their duties should be performed, but they take notice of 
their refusal or neglect to perform them. Heard vs. School 
District, 45 Pa. 93.'" 

Right of children to attend school. 

197. The right of the children of a citizen of Penn- 
sylvania to attend the public school is not complete until 
they have complied with the conditions which the legislature 
of the state has seen fit to impose.^ 

No race distinction. 

198. It shall be unlawful for any school director, sup- 
erintendent or teacher to make any distinction whatever, 
on account of, or by reason of the race or color of any pupil 
or scholar who may be in attendance upon, or seeking ad- 
mission to, any public or common school, maintained wholly 
or in part under the school laws of this Commonwealtli.^ 

School directors cannot deny a colored child admission 
on account of his color, to a common school established by 



r. Act May 8, 1854, vSec. 23, P. L. 621. 

2. Nicklas's Petition, 146 Pa. 212, 1892. 

3. Nisley vs. Hummelstown Borough School District, 5 D. R. 732, 1896. 

4. Act June 8, 1881, Sec. i, P. L- 76 



76 COMMON SCHOOL LAW 

them for the separate instruction of white children, and 
assign him to a branch of said school established by them, 
in a neighboring building for the separate instruction of 
colored children. s 

Children of charitable institutions. 

199. Children from other districts who become inmates 
of a charitable institution do not thereby require the right 
to free admission to the public schools of the township in 
which the institution is situated,^ 

Residence of pupils. 

200. The residents of one school district are not en- 
titled to free admisson to and education in schools of an ad- 
joining district. The taxes levied by a school district are for 
the education of the children of that district, and are not 
applicable to the education of the children of another district. 

Mere physical presence of a child in the district is not 
sufiicient to give it the right to attend the common schools 
of that district: Commonwealth vs. Upper Swatara Town- 
ship School District, 164 Pa. 603; Commonwealth vs. Dir- 
ectors Brookville Boro. School District, 164 Pa. 607. 

When the question of residence and right to admission 
is therefore raised it is for the determination of the board 
of directors of the particular district. The decision of the 
board, after hearing and investigation, is quasi judicial. 

That a judge or jury might reach a different conclusion 
upon the evidence presented is of no concern. 

As was said by Mr. Justice Clark, in McCrea vs. Pine 
Town.ship School District, 145 Pa. 550: — "The board, by 
tlie statute, is empowered both to employ teachers, and for 
any one of these causes to dismiss them. So, in the case 
at the bar, being required by the statute to establish a suffi- 
cient number of public schools for the education of every 
individual between the ages of six and twenty-one years, in 
their respective districts, they are equally required to pro- 
tect those schools from the encroachments of those who are 
not entitled to admission therein. It would greatly impair 



5. Kaine vs. Commonwealth, loi Pa. 490, 1882. 

6. Commonwealth vs. Upper Swatara Twp. School Dist. 164 Pa. 602, 1894. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS ']'] 

the government and efficiency of the common schools if the 
honest jndgment and the discretion of the board, exercised 
in good faith, could be reviewed and reversed by a jury."^ 

Hechanic arts. Athletics. 

201. In every city of the second class the central board 
of education, and in every city of the third class the board 
of school controllers, and in every borough and township of 
the first class the board of school directors, shall have power 
to establish and maintain one or more schools for the in- 
struction of pupils in the useful branches of the mechanic 
arts, athletics and kindred subjects, to provide the necessary 
buildings, machinery, apparatus and materials, and to emp- 
loy teachers and instructors therefor.^ 

Free kindergartens. 

202. The school directors or controllers of the several 
school districts of this Commonwealth may establish and 
maintain, out of the public school treasury, free kindergar- 
tens for children between the ages of three and six years, re- 
siding in their districts, and may co-operate with and assist 
kindergartens that have been or may hereafter be established 
by other non-sectarian agencies: Provided, however. That the 
provisions of this act shall not apply to school districts in 
which kindergartens have been, are now, or hereafter may 
be, established and maintained by said scliool district.^ 

Duty of school directors to visit schools. 

203. School directors shall exercise a general super- 
vision over the schools of their respective districts, and shall, 
by one or more of their number, visit every school in the 
district at least once in each month, and shall cause the 
result of such visit to be entered on the minutes of the 
board. ^° 



7. Commonwealth vs. Wenner, 211 Pa. 637, 1905. 

8. Act March 24, 1905, P. L. 51. 

9. Act April 23, 1901, P. L. 93. 

10. Act May 8, 1854, Sec. 23, P. L. 621. 



78 COMMON SCHOOL LAW 

Annual report to county superintendent. 

204. Each board of directors and controllers shall, an- 
nually, on or before the first Monday in June, make a report 
to the county superintendent, setting forth the number and 
situation of the schools in their district; the character of the 
teachers, designating whether male or female; the number 
and sex of the scholars admitted during the year; the 
number of months in the year during which each school 
shall have been open; the amount of school tax levied and 
collected; the cost of school houses, either for building, 
renting or repairing; and all other expenses which may have 
been incurred in maintaining the schools in their districts; 
together with such other information as may be beneficial 
in forming a just estimate of the operation of the school 
system." 

State appropriation forfeited. 

205. A district failing altogether to forward its annual 
report for any school year will forfeit its share of the an- 
nual state appropriation for that school year.'^ 

Power of directors and controllers to establish grades of schools. 

206. The directors and controllers of the respective 
districts shall have power to establish schools of different 
grades, and to determine into which school each pupil shall 
be admitted.'^ 

Regulation of grade and transfers. 

207. The regulation of the grade of schools and the 
transfer of a school from one grade to anothei, are within 
the discretion of the board of public education, and this 
discretion will not be reviewed by the courts, except in 
cases of manifest abuse. '-^ 



II.. Act May 8th, 1854, Sec. 23, P. L- 621. 

12. School Laws and Decisions, P. L. 195, 1903. 

13. Act May 8, 1854, Sec. 20, P. L. 622. 

14. Commonwealth vs. Jenks, 154 Pa. 368, 1893. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 79 

Deaf mute children. School board to open and maintain a special 
school for their education. 

208. The board of school directors of any school dis- 
trict within this Commonwealth having a population ot 
more than twenty thousand inhabitants, and having within 
the limits of the city or township, in which said school 
district shall be, eight or more deaf mute children of proper 
age for attending school, are hereby authorized to open and 
maintain a special school for the education and training of 
such deaf mutes, either in sign language or in articulation 
as to such board of directors shall seem best for such chil- 
dren. '^ 

Expenses paid out of school district funds. 

209. Any such school so organized by any such board 
of school directors, shall be a part of the common school 
system of such school district, and shall be under the 
control of such board of school directors in the same man- 
ner as the other schools in said district: Provided, the deaf 
mute children may be sent from any school district in the 
county in which such school shall be established, upon pay- 
ment, by such district, to the treasurer of the school board 
by which such school shall be maintained, its proportionate 
share of the expense of maintaining said school: And pro- 
vided further. That the expense of educating said deaf mute 
children shall not exceed the sum of one hundred and fifty 
dollars for each child during any one year.'^ 

indigent blind children. Expenses paid out of school funds. 

210. The school boards of this Commonwealth are 
hereby authorized and recommended to provide suitable 
apparatus for the instruction of indigent blind children 
between the ages of nine and thirteen years, and pay the 
sum out of the school fund as in the case of seeing children, 
the cost thereof not to exceed twelve dollars for each person 
in any one year.''' 



15. Act May 8, 1876, vSec. i, P. L. 157. 

16. Act May 8, 1876, Sec. 2, P. L. 157. 

17. Act May 8, 1876, Sec. i, P. L. 138. 



8o COMMON SCHOOL LAW 

Fxtension of time. 

211. The time for which indigent pupils of this 
Commonwealth may be taught in institutions for the instruc- 
tion of the blind, at the expense of the Commonwealth, 
is hereby extended to twelve years from the time of enter- 
ing said institution.'^ 

Homes for friendless children. Powers of trustees and managers. 
May petition court. 

212. The board of trustees and the board of managers, 
or a majority of each thereof of any school, commonly 
known as a home for friendless children, or institution for 
the purpose of educating and providing for friendless, desti- 
tute or vagrant children, now formed, organized or estab- 
lished, or that may hereafter be formed, organized or 
established in this Commonwealth, not of a denominational 
or sectarian character, shall have the right to petition the 
judge or judges of the court of common pleas of the county 
in which such school or institution is located, asking for a 
decree authorizing and directing the payment of moneys, 
out of the funds of said county, for the education and 
support of the children of said school or institution. '^ 

Contents of petition to court of common pleas. 

213. Said petition shall set forth, under the oath or 
affirmation of the president of the board of trustees and 
the president of the board of managers of such school or 
institution, the number of children cared for during the 
current year, the number of children bound out or appren- 
ticed, and the age and sex of the same, the income and 
expenditures of such school or institution, the cost of 
educating and maintaining the children per capita, and such 
other matter reLitive to the wants and condition of the 
school or institution, and the welfare and advancement of 
the children, as the said court may direct for its inform- 
ation.^" 



18. Act May 25, 1887, Sec. i, P. L. 271. 

19. Act April 12, 1875, Sec. i, P. L. 46. 

20. Act April 12, 1875, Sec. i, P. L. 46. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 8 1 

Order of court and duty of county commissioners. 

214. The court of cominoii pleas have the power, and 
it shall be their duty, on the presentation of a petition as 
provided for in the preceding section, after full investigation 
of the same, to order and direct the eoniniissioners of the 
county or city in which such school or institution is situate, 
to pay to the treasurer of such school or institution, out of 
the county funds, such sum or sums of moneys, and in such 
installments as, in the discretion of the said court, may be 
deenled just and necessary, and it shall be the duty of the 
commissioners to draw their warrants, upon the county or 
city treasurer for the payment of such appropriation, in 
such manner and form as shall be provided for by the said 
court.^' 

Court to appoint one=third of trustees and managers. 

215. The court of common pleas shall appoint one- 
third in number of the trustees and managers of any such 
school or institution accepting the benefits of this act.^- 

Duties of treasurer. 

216. It shall require the treasurer of any such school 
or institution to furnish the county or city commissioners 
an itemized account of the receipts and expenditures of 
such school or institution at the end of each fiscal year, and 
to advertise the same in not less than two weekly news- 
papers published in the county, supporting any such school 
or institution, one insertion weekly, for four successive 
weeks. ^3 

Duty of auditors. 

217. It shall require the county auditors, controllers or 
city controllers, of any city or count)', as the case may be, 
and it shall be the duty of said officers, to audit, settle and 
adjust the accounts of said treasurer, and to make report 
thereof to the said court. ^'^ 



21. Act April 12, 1S75, Sec. 2, P. L- 46. 

22. Act April 12, 1S75, Sec. 3, P. L,. 46. 

23. Act April 12, 1875, Sec. 3, P. L. 46. 

24. Act April 12, 1S75, Sec. 3, P. L. 46. 



82 COMMON SCHOOL LAW 

Admission of friendless children. 

2 1 8. When any such school or institution has accepted 
the provisions of this act and has sufficient building capacity 
the management thereof shall admit to tlie benefits of any 
such school or institution any friendless, destitute or vag- 
rant child, recommended for admission by the board of 
school directors of the school district in which said child 
may reside or be found, or by the directors of the poor of 
any county in which said school or institution is located, 
guardians of the poor, overseers of the poor or poor direct- 
ors, as the case may be, of any city or district included in 
said county; and in case any child is refused admission, 
the said court of common pleas, on complaint made thereto 
by any person after due and legal proof of such refusal, shall 
enjoin the payment of moneys out of the county funds as 
authorized by this act; Provided, however, That no child 
shall be admitted under the age of four nor above the age 
of sixteen. ^5 

Visitors of institutions. 

219. The judges of tlie court of common pleas of the 
several countie^s of this Commonwealth are hereby consti- 
tuted and appointed ex-officio visitors of any such school or 
institution; and the grand jury of the court of quarter 
sessions of the county in which any such school or insti- 
tution is located, shall, as often as directed by said court, 
visit, examine and inspect the needs and management of 
any such school or institution, and the condition of the 
children therein, as directed by the said court and report 
the same to the said court. ^^ 

Acceptance of act and employment of teachers. 

220. The board of trustees and the board of managers 
of any such school or institutions desiring to accept the 
provisions of this act, shall set forth the same in their first 
petition presented to the said court of common pleas, as 
authorized in the first section of this act; no teacher shall 

25. Act April 12, 1875, vSec. 4, P. L. 46. 

26. Act April 12, 1875, Sec. 5, P. L. 46. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 83 

be employed in any such school or institution who has not 
received a valid certificate from the superintendent of the 
schools of the county in which such school or institution 

is situate.^'' 



Admission of orphan and friendless children to the public schools. 
Tuition. 

2 21. The school directors of every school district in 
this Commonwealth shall admit the inmates of any orphan 
asylum or home for poor and friendless children, situated 
in their school district, to the schools of the district, pro- 
vided there is building capacity, upon the payment of 
a reasonable tuition per capita, which tuition shall be fixed 
by the superintendent of the schools in the county in 
which the orphan asylum or home for poor and friendless 
children is located, upon the application of the directors of 
said school district, or the managers of the orphan asylum 
or home for poor and friendless children ; Provided, That 
where said orphan asylum, or hom.e for poor and friendless 
children, is located in a city, the superintendent of schools 
in that city shall fix the tuition.^^ 

Children of soldiers. 

222. The act of assembly approved July 2, 1895, P. L. 
434, and entitled " An act to amend section r of the act 
of April 18, 1893, P. L. 23, entitled 'an act relative to the 
admission and instruction of children of soldiers of the late 
war of the rebellion in the common schools of districts out- 
side of those in which their parents, guardians or others 
entitled to their custody may reside ' " is unconstitutional 
and void, coming within the inhibition of section 7, of 
article III, of the constitution, providing against class 
leo-islation.^9 



27. Act April 12, 1875, Sec. 6, P. L. 46. 

28. Act March 22, 1901, P. L. 55- 

29. Sewickley vSchool District vs. Osburn School District, 6 D. R. 211, 

1897. 



84 COMMON SCHOOL LAW 

Children not to be employed under certain age. 

223. No child under thirteen years of age shall be 
employed in any factory, manufacturing or mercantile in- 
dustry, laundry, workshop, renovating works or printing 
office within this state. 3° 

Employers' register and contents. 

224. It shall be the duty of every person so employ- 
ing children to keep a register in which shall be recorded 
the name, birthplace, age and residence, name of parent or 
guardian, and date when employment ceases, of every per- 
son so employed under the age of sixteen years.^' 

Affidavit by parent or guardian. 

225. And it shall be unlawful for factory, manufactur- 
ing or mercantile industry, laundry, workshop, renovating 
works or printing office, to hire or employ any child under 
the age of sixteen years, without there is first provided and 
placed on file an affidavit made by the parent or guardian, 
stating the age, date and place of birth of said child,^^ 

When affidavit by child. 

226. If said child have no parent or guardian, then 
such affidavit shall be made by the child, which affidavit 
shall be kept on file by the employer and shall be returned 
to the child when employment ceases. ^^ 

Cost of affidavit. 

227. And in no case shall there be a charge to exceed 
twenty-five cents for administering the oath for the issuing 
of the above certificate. 

Qualifications of minors under sixteen. Exceptions. 

228. And after the first day of Januaiy, 1898, it shall 
be unlawful for any manufacturing establishment, mercan- 
tile industry, laundry, renovating works, printing office. 



30. Act June 14, 1897, Sec. 2, P. L. 144. 

31. Act June 14, 1897, Sec. 2, P. L. 149. 

32. Act June 14, 1S97, Sec. 2, P. L. 149. 

33. Act June 14, 1897, Sec. 2, P. L. 149. 



DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 85 

mechanical or other industrial establishment to employ any 
minor under the age of sixteen years who cannot read and 
write in the English language, unless he presents a certi- 
ficate of having attended during the preceeding year, an 
evening or day school for a period of sixteen weeks.^^ 

Teacher's certificate. 

229. The certificate shall be signed by the teacher or 
teachers of the school or schools which said minor attended, 
and said register, affidavit and certificates shall be produced 
for inspection on demand by the inspector or any of the 
deputies appointed under this act.^^ 



34. Act June 14, 1897, Sec. 2, P. L. 149. 

35. Act June 14, 1897, Sec. 2, P. L. 149. 



CHAPTER IX. 

JOINT SCHOOLS. 

PAGE 

230. Establishment of joint schools of adjoining townships 86 

231. Building joint school house 86 

232. Establishment of joint schools of parts of adjoining counties 

or townships 87 

233. Joint meeting of boards of directors 87 

234. School directors may provide transportation for children 87 

235. When schools are closed by reason of small attendance 87 

236. Application of the act 87 

237. Cost of transportation 88 

238. Expenses and tuition, how paid 88 

239. Directors shall not be party to any contract 88 

240. Purpose of act ., 88 

241. Contract for transportation of children underact 1897 89 

242. Attending school in adjoining districts 89 

243. Discretionary power of school boards 89 

244. Discretion of directors reviewable by the courts 91 

245. Contract between districts ,.,, 91 

246. Payment of tuition by non-resident pupils 91 

Establishment of joint schools of adjoining townships. 

230. School directors shall have power, with the di- 
rectors and controllers of adjoining districts, to establish 
joint schools, and the expense shall be paid as may be 
agreed upon by the directors and controllers of said district.' 

Building joint school house. 

231. If a house is to be bnilt for a joint school it should 
belong to and its management be vested in, the board on 
whose territory it stands, and the board of the district 
should pay a fair compensation for the privilege of sending 
to it, with the proper proportion for the teachers' salary 
and expenses. All agreements for the establishment of 
joint schools should be made for a stipulated length of time, 
and either of the parties to such an agreement can withdraw 
from it at the expiration of that time. Directors have no 
authority to make an agreement for a joint school that will 
be perpetually binding upon their successors.^ 



1. Act May 8, 1854, Sec. 23, P. L. 622. 

2. School Laws and Decisions, page 117, 1903. 



JOINT SCHOOLS 87 

Establishment of joint schools of parts of adjoining counties or 
townships. 

232. It shall be lawful for the boards of school directors 
of school districts of different counties or townships, adjoin- 
ing each other, to establish joint schools on or near the 
county or township line for parts of said districts, upon 
petition of not less than twenty taxables of said adjoining 
districts, whenever by reason of natural difficulties and 
distance from the schools of said district it becomes desirable 
and proper to so establish the same.^ 

Joint meeting of boards of directors. 

233. The said boards of directors for the purpose afore- 
said shall meet jointly, and are hereby empowered to exer- 
cise the same authority as in case of the establishment of 
joint schools for districts of the same county; all proceedings 
in relation thereto to be spread at large upon the minutes 
of the respective boards.^ 

School directors may provide transportation for children. 

234. The school directors of any district, by the affirm- 
ative votes of a majority of the board duly recorded on the 
minutes, may provide transportation for the children, at 
the expense of their respective districts, to and from any 
school in the district in which the children have their resi- 
dence, or of neighboring districts.'^ 

When schools are closed by reason of small attendance. 

235. The provisions of this act shall apply only to the 
pupils of schools, which, in the discretion of the board of 
school directors, have been closed by reason of small attend- 
ance.^ 

Application of the act. 

236. And provided further, that it shall only apply 
to pupils that have a greater distance to travel or are placed 
at greater inconvenience than before such schools were 
closed. 7 

3. Act June 10, i88t, Sec. i, P. L. 116. 

4. Act June 10, i88i, Sec. 2, P. L,. 116. 

5. Act June 22, 1897, Sec. i, P. L. 181. 

6. Act June 22, 1897, Sec. i, P. L. 181. 

7. Act June 22, 1897, Sec. i, P. L,. 181. 



OO COMMON SCHOOL LAW 

Cost of transportation. 

237. The cost of transportation per pupil shall not 
exceed the cost of maintaining per pupil the schools thus 
closed.^ 

Expenses and tuition, how paid. 

238. The expense incurred providing for transportation 
of school children under this act, and the tuition for edu- 
cation when admitted to the schools of other districts, shall 
be paid by the treasurer of the district in which the chil- 
dren have place of residence, upon the order of the school 
board of directors.^ 

Directors shall not be party to any contract. 

239. No member of the board or other ofHcal of the 
township, borough or school district, shall be a party to 
any contract or agreement with the board, or receive any 
renumeration for services rendered to the district in con- 
veying children to or from any school.'" 

Purpose of act. 

240. Judge Linsay says: — "That act (act June 22, 
1897) only applies to schools that have 'closed by reason 
of small attendance.' 

"The act was passed for the purpose of authorizing the 
the directors in their discretion to close a school where 
changes in the neighborhood had reduced it in number 
until it became burdensome to keep up tlie school. In sucli 
cases where the school is closed, the directors are autlior- 
ized to furnish transportation to scholars to other schools 
where the distance is too great for them to travel. Again, 
the law does not authorize the schools directors to pay the 
board of pupils. It only authorizes them to pay transpor- 
tation to other schools."" 



8. Act June 22, 1897, Sec. i, P. L 181. 

9. Act June 22, 1897, Sec. 2, P. L. 181. 

10. Act June 22, 1897, Sec. 2, P. L. 181. 

11. Pieffer vs. Reno, 29 Pa. C. C. 145, 1904. 



JOINT SCHOOLS 89 

Contract for transportation of children under 

Section 2, act of June 22, 1897. 

241. The entire common school system of this Com- 
monwealth is special and statutory, and in order to create 
any liability under a contract provided for by the common 
school laws, the statutory requisitions must be complied 
with.'' 

Before a person may recover for the transportation of 
a child to a school, he must affirmatively show that the 
school board contracted for such transportation by the 
affirmative votes of a majority of the board, duly recorded 
on the minutes of the board. '3 

Attending school in adjoining districts. 

242. If it shall be found, that on account of the great 
distance from or difficulty of access to the proper school 
house in any district some of the pupils thereof could be 
more conveniently accommodated in the schools of an adjoin- 
ing district, it shall be the duty of the directors or con-- 
troUers of such adjoining districts to make an arrangement 
by which such pupils may be instructed in the most con- 
venient school of the adjoining district; and the expenses 
of such instructions shall be paid, as may be agreed upon 
by the directors or controllers of such adjoining districts 
by resolution or agreement entered upon the minutes of the 
respective boards. '"^ 

Discretionary power of school boards. 

243. Chief Justice Lowrie said: — "The school law does 
not leave the directors without any discretion relative to 
sending children to the schools of an adjoining district, and 
does not seriously impair the district division. Each board 
has express discretion relative to the school within the 
district which each pupil shall attend; and it would be quite 
absurd to leave them without it, when there is a nearer 
school in an adjoining district to which the pupil wishes to 
go- 



12. Cascade School Dist. vs. Lewis School Dist., 43 Pa. 318, 1862. 

13. Boyle vs. Summit Twp. School Dist., 28 Pa. C. C. 351, 1903. 

14. Act May 8, 1854, Sec. 23, P. L. 



90 COMMON SCHOOL LAW 

"There must be great distance and great difficulty of 
access to the schools of the district, before there can be any 
right to ask to be sent to a more convenient school of an 
adjoining district; and it seems to us that there is nothing 
of the kind here. Whether the distance or difficulty of 
access is to be regarded as great or not, depends much upon 
circumstances,-such as the age of the children, the density 
of the population, and the customs of the locality, and there- 
fore mvist be left in a great degree, to the discretion of the 
directors; and of course their abuse of this discretion must 
be very clear before they can be adjudged guilty of official 
misconduct. We must be liberal and generous towards 
this discretion, in reviewing the exercise of it; for a strict 
and jealous supervision would be fatal to the discretion it- 
self We must not interpret the law so as to keep the 
directors in perpetual fear of the courts, nor so as to set 
them to guard against this law, by so arranging tlieir 
school houses around the district, that few or none can have 
•the chance of claiming that any school of an adjoining 
district is more convenient. 

"We think that the dismissal of the plan tiff 's petition is 
fullv justified by the reason assigned by the learned pres- 
ident of the sessions. It is w^ell for the school system, for 
the peace of the neighborhoods, and for the securing oi 
discreet men for directors, that he has so treated the case as 
to warn men that they must be cautious in attempting to 
get the courts to interfere with the discretion of the school 
directors. 

" Honorable and trustworthy men will not accept public 
positions, if they understand it to be the rule that all their 
official acts are subject to a suspicious supervision by the 
people, or by their official superiors. Real worth is gener- 
ous in its judgment and treatment of others, and will al- 
ways expect the same for itself; and will resent the contrary 
by refusing all functions that are subject to it."'5 



15. Freeman vs. School Directors, 37 Pa. 386, i860. 

Ill re East Hopewell Twp. Sch. Dist., 7 D. R. 177, 1898. 

Patterson vs. School Directors of Cecil Twp., 24 Pa. C. C. 574, 1901. 

Commonwealth vs. Penns Twp. School Dist., 31 Pa. C. C. 552, 1904. 



JOINT SCHOOLS 9I 

Discretion of directors reviewable by the courts. 

244. Under the act of Alay 8, 1854, the discretion 
vested in directors to make an arrangement whereby 
scholars may attend a school in an adjacent district is 
reviewable by the court, and if it be shown that petitioners' 
children have nearly one and one-fonrth miles farther to 
travel to reach the school house in their proper district 
than to reach the school house in an adjacent district, and 
are of very tender years, the court will interfere and make 
an oirder requiring directors to enter into an arrangement 
whereby they may attend school in the adjacent district.'^ 

Contract between districts. 

245. The Supreme Court said: — "The whole system of 
common schools is special and statutory. If one district 
is to be charged with the expense of educating the children 
of an adjoining district, it must be done in the manner the 
statute prescribes. It must be done in pursuance of an 
'arrangement' between the directors of the respective 
districts, and that arrangement must be by ' resolution or 
agreement ', and the resolution or agreement must be 
entered upon the ' minutes of the respective boards.' 

" Out of nothing less than this can pecuniary liability 
for such service result. Regular official action, evidenced 
by official minutes, is what the statute requires to ground 
such action as the present, and because it is a statutory 
requisition, all equities and implied liabilities are excluded. 

" In this case that was not done.'"'' 

Payment of tuition by non-resident pupils. 

246. A promise by a non-resident parent to pay a 
school district for the tuition of his children may be 
enforced, although a cliarge for such tuition could not be 
enforced in the absence of such promise.'^ 

16. Young vs. Pymatuning Twp. School Dirt. , 14 D. R. 773, 1905. 

17. Cascade School District vs. Lewis School District, 43 Pa. 318, 1862. 

18. Westfield Borough Sch. Dist. vs. Dillman, 22 Pa. C. C. 567. 



CHAPTER X. 

PUBLIC HIGH SCHOOLS. 

PAGE 

247. Public schools in cities or boroughs with a population of 5000 

or over. Powers of con trollers and directors 92 

248. They may establish a public high school. Admission 93 

249. Supervision over teachers and pupils 93 

250. Visitation 93 

251. Branches to be taught and books used 93 

252. Qualifications of teachers 93 

253. Maximum length of term. Payment of expenses 94 

254. Power to hold or convey real estate 94 

255- Grounds and buildings 94 

256. Site. How procured 94 

257. Councils shall levy tax. Levying of tax in boroughs not 

divided into wards 96 

258. May borrow money and issue bonds therefor 96 

259. Public high school in any school district 97 

260. Joint high schools 97 

261. Grades of high schools 97 

262. Annual appropriation 97 

263. Employment of teachers 98 

264. Sworn statements to superintendent of public instruction 98 

265. Supervision of high school 99 

266. Approval of courses of study 99 

267. Centralization of township schools and provision for township 

high schools. Definition of "centralization" 99 

268. Petition and duty of school board 99 

269. Elections and ballots 100 

270. Issuing of bonds 100 

271. Course of instruction and transportaion of pupils 100 

272. When children may attend high school in another district loi 

273. Children may attend higher grades in other districts loi 

Public high schools in cities or boroughs with a population of 5000 
or over. Powers of controller and directors. 

247. The board of controllers or directors of school 
districts which are composed of cities or boroughs divided 
into wards for school purposes, or boroughs not divided 
into wards for school purposes, having a population of five 
thousand or over, shall, in addition to the powers and duties 
confered or enjoined by the act of the eighth day of May, 
one thousand eight hundred and fifty-four, and the supple- 
ments thereto, possess the following powers and perform 
the following- duties. — ' 



I. Act May 26, 1893, Sec. i, P. L. 146. 



PUBLIC HIGH SCHOOLS 93 

They may establish a public high school. Admission. 

248. They shall admit to said public high school all 
children under the age of twenty -one years residing within 
said school district, who shall be found qualified for ad- 
mission thereto after having undergone such an examin- 
ation as shall be prescribed by the said board of directors or 
controllers: Provided, Said board of controllers or directors 
shall have power to prescribe the terms upon which other 
children than those residing in the said district shall be 
allowed to attend said public high school.^ 

Supervision over teachers and pupils. 

249. They shall exercise a general supervision over 
said public high school, appoint all the teachers therefor, 
fix the amount of their salaries, and shall have power to 
dismiss any teacher at any time for incompetency, cruelty, 
negligence, immorality, or other cause; they may suspend 
or expel from said school all pupils found guilty, on full 
examination and hearing, of refactory or incorrigible bad 
conduct, and shall have power to make all proper regulations 
and rules for the government and discipline of said school.^ 

Visitation; 

250. Said board of controllers or directors shall visit 
said public high school, by at least one of their number, at 
least once in each week and cause the result of such visit 
to be entered on the minutes of said board of controllers.'' 

Branches to be taught and books used. 

251. They shall direct what branches of learning shall 
be taught and what books shall be used in said public high 
school. 5 

Qualifications of teachers. 

252. The said board of controllers or directors shall 
not employ any person as teacher in said public high school 



2. Act May 26, 1893. Sec. 2, P. L. 146. 

3. Act May 26, 1893, Sec. 3, P. L. 146. 

4. Act May 26, 1893, Sec. 4, P. L. 146. 

5. Act May 26, 1893, Sec. 5, P. L. 146. 



94 COMMON SCHOOL LAW 

unless such person shall produce a certificate as would en- 
title him or her to teach in the ward schools, which certifi- 
cate shall set forth the brandies of learning the holder 
thereof is qualified to teach, and provided no teacher shall 
be employed in teaching any brancli of learning other than 
those enumerated in his or her certificate.^ 

Maximum length of term. Payment of expenses. 

253. The said board of controllers or directors shall 
maintain and operate said public high school, not exceeding 
ten months in each year, and shall pay all the necessary 
expenses thereof by drafts on the treasurer of said board 
signed by the president and attested, by the secretary there- 
of' 

Power to hold or convey real estate. 

254. They shall have power to purchase, procure and 
hold such real and personal property as may be necessary 
for the establishment and support of said public high school, 
and the same to sell, alien and dispose of, when no longer 
necessary for the purpose aforesaid: Provided, Said real 
estate shall not exceed one hundred thousand dollars.^ 

Grounds and buildings. 

255. They shall cause suitable lots of ground to be 
procured and suitable buildings to be erected thereon for 
the accommodation of said public high school, and shall 
keep the same in repair, and shall cause to be rented a 
suitable building for the temporary accommodation of said 
public high school until a suitable, permanent building 
can be obtained. ^ 

Site. How procured. 

256. Whenever said board of controllers or directors 
shall be unable to procure an eligible site for the erection 
of said public high school by the owner or owners of the 



6. Act May 26, 1893, Sec. 6, P. L- 146. 

7. Act May 26, 1893, Sec. 7, P. L. 146. 

8. Act May 26, 1893, Sec. 8, P. L. 146. 

9. Act May 26, 1S93, Sec 9, P. L. 146. 



PUBLIC HIGH SCHOOLS 95 

land, it shall and may be lawful lor said board of controllers 
or directors to enter upon and occupy sufficient ground for 
such purpose, but before doing so, said board of controllers 
or directors shall tender to such owner or owners the bond 
of said school district conditioned for the payment of the 
damages suffered b}' said owner or owners by reason of such 
entry and occupancy when finally ascertained; if the owner 
refuse to accept said bond, or cannot be found, or is not sui 
juris, the same shall then be presented to the court of com- 
mon pleas of the proper county for its approval, after no- 
tice to the property owner by advertisement in a newspaper 
of said county at least once a week for three weeks. Upon 
the approval of said bond, and its being filed, the right of 
said board of controllers or directors to enter upon said 
land shall be complete. Either said board of controllers or 
directors, or said owner or owners of said land may, with- 
in twenty days from the approval ot said bond, apply by 
petition to the court of common pleas of the proper county 
tor the appointment of viewers, and thereupon said court 
shall appoint three disinterested citizens of said county, and 
not owners of property or residents in said district, and ap- 
point a time not less than twenty or more than thiity days 
thereafter, when said viewers shall meet upon and view said 
premises, of the time of which meeting ten days' notice 
shall be given to the viewers and the opposite party, and 
the said viewers, or any two of them, having been first duly 
sworn or affirmed faithfully, justly and impartially to de- 
cide and a true report to make concerning all matters and 
things to be submitted to them, and having viewed tire 
premises, and having made a just and fair computation of 
the advantages and disadvantages, shall estimate and deter- 
mine whether any, and if an}-, what amount of damages 
has been or may be sustained, and to whom payable, and 
make report thereof to said court, and when ihe damages 
are finally ascertained, either by the coiffirmation of said 
report by the court, or the verdict ol the jury, judgment 
shall be entered thereon, and if the amount thereof shall 
not be paid within thirty days from the entry of such judg- 
ment, execution may issue thereon as in other cases of 



96 COMMON SCHOOL LAW 

judgments against school districts, and such viewers shall 
each be entitled to the sum of one dollar and fifty cents for 
each day necessarily employed in the performance of the 
duties herein prescribed, to be paid by the school district. '° 

Councils shall levy tax. Levying of tax in boroughs not divided 
into wards. 

257. The councils of any such city or boroughs 
divided into wards for school purposes referred to in the first 
section of this act, shall at any time, not oftener than once 
in each school year, levy a special tax for such amount as 
the said board of controllers or directors may by resolution 
duly passed fix and determine, to be called, "The public 
high school building tax," not exceeding the amount of 
one mill in any one year; boroughs not divided into wards 
for school purposes mentioned in this act shall levy and 
collect said high school tax as they levy and collect other 
school tax, without the interv^ention of the borough council 
aforesaid, to be applied solely to the purpose of purchasing 
or paying for the ground and the erection of a school build- 
ing thereon and the repair of the same, which tax shall be 
levied and collected at the same time and in the same 
manner and with like authority as other tax axe levied and 
collected for school purposes in the respective districts to 
which this act shall apply.'' 

May borrow money and issue bonds therefor. 

258. That for the purpose of erecting such school 
building or purchasing or procuring grounds whereon to 
erect such school buildings as provided by this act, it shall 
be lawful for said board of controllers or directors to borrow 
money at a rate of interest not exceeding six per centum, 
and issue bonds therefor, in sums not less than one hundred 
dollars, which bonds may be registered in such manner as 
the said board of controllers or directors may hereafter pro- 
vide: Provided, That this act shall not apply to school 
districts governed by special act of assembly.'^ 



10. Act May 26, 1893, Sec. 10, P. L- 146. 

11. Act May 26, 1893, Sec. 11, P. L- 146. 

12. Act May 26, 1893, Sec. 12, P. L- 146. 



PUBLIC HIGH SCHOOLS 97 

Public high school in any school district. 

259. The directors or controllers of any school district 
may establish a public high school, and the state superin- 
tendent of public instruction shall prescribe a uniform 
course of instruction which shall be taught in the high 
schools of each grade. '^ 

Joint high schools. 

260 The directors of any two or more townships or 
districts shall have power to establish joint high schools, 
and the expense shall be paid as may be agreed upon by the 
directors or controllers of said districts, who shall meet 
jointly as often as may be necessary for the transaction of 
business pertaining to the joint high schools under their 
jurisdiction, and all proceedings in relation thereto shall be 
spread at large upon the minutes of the respective boards.''' 

Grades of high schools. 

261. A high school maintaining four years of study 
beyond the branches or learning prescribed to be taught in 
the common schools and called the common branches shall 
be known as a high school of the first grade; a high school 
maintaining three years of study beyond the common 
branches shall be known as a high school of the second 
grade; and high schools maintaining two years of study be- 
yond the common branches shall be known as a high 
school of the third grade: Provided, That the reviews 
necessary for the prosecution of high school studies shall 
not be excluded from the estimate of the year's study 
beyond the common branches. '^ 

Annual appropriation. 

262. From the annual appropriation in aid of high 
schools, a high school of the first grade shall receive each 
year a sum not exceeding eight hundred dollars, a high 
school of the second grade a sum not exceeding six hun- 
dred dollars, a high school of the third grade a sum not 



13. Act June 28, 1895, Sec. i, P. L. 413. 

14. Act June 28, 1895, Sec. 2, P. L. 413. 

15. Act June 28, 1895, Sec. 3, P. L. 413. 



98 COMMON SCHOOL LAW 

exceeding four hundred dollars. If the appropriation is 
insufficient to pay the above amounts to the several high 
schools, then the appropriation shall be distributed to the 
schools of the respective grades in such a manner that 
each school shall receive a sum proportional to the number 
of years of advanced study maintained in its course or 
courses of instruction: Provided, That any high school 
established at the fall opening of the school year beginning 
on the first Monday of June, one thousand eight hundred 
and ninety-five, shall be paid at the end of the year as a 
high school of the third grade. '^ 

Employment of teachers. 

263. The directors or controllers of every district 
receiving aid in accordance with section four of this act 
shall employ for said high school at least one teacher legal- 
ly certified to teach book-keeping, civics, general history, 
algebra, geometry, trigonometry, including plane surveying, 
rhetoric, English literature, Latin, including Caesar, Virgil 
and Cicero, and the elements of physics, chemistry, includ- 
ing the chemistry of soils, botany, geology and zoology, 
including etomology, and no teacher shall be employed to 
teach any branch or branches of learning other than those 
enumerated in his or her certificate.''' 

Sworn statements to superintendent of public instruction. 

264. The directors or controllers of every district 
establishing a high school and receiving state aid in sup- 
port of said high school shall, before the first day of Sep- 
tember following the close of each school year, make to the 
superintendent of public instruction sworn statements 
giving full information concerning the teachers, classes 
and courses of study of every high school under their 
jurisdiction.'^ 



16. Act June 28, 1895, Sec. 4, P. L. 413. 

17. Act June 28, 1895, Sec. 5, P. L. 413- 

18. Act Junt 28, 1895, Sec. 6, P. L. 413. 



PUBLIC HIGH SCHOOLS 99 

Supervision of high school. 

265. High schools established in accordance with this 
act of assembly shall be under the supervision of the super- 
intendent of the city, borough or county in which they are 
situated. '9 

Approval of courses of study. 

266. The courses of study in high schools receiving 
state aid shall be subject to the approval of the superinten- 
dent of public instruction.^" 

Centralization of township schools and provision for township 
high schools. Definition of "Centralization." 

267. The word, "centralization" is hereby defined as 
a system of schools in a township, providing for the 
abolishment of all sub-districts, and the conveyance of pu- 
pils to one or more central schools.^' 

Petition and duty of school board. 

268. A township board of school directors, upon the 
petition of a majority of the qualified electors representing 
or owning property to the amount of not less than one- 
fourth of the assessed valuation of such township district, 
must submit such question to a vote of the qualified elec- 
tors of such township district, and if more votes are cast in 
favor of centralization than against it at such election, it shall 
then become the duty of the board of school directors, and 
such board of school directors is required, to proceed at 
once to the centralization of the schools of the township, 
and if necessary purchase a site or sites and erect 
a suitable building or buildings thereon : Provided, That if 
at the said election more votes are cast against the propo- 
sition for centralization than for it, the question shall not 
again be submitted to the electors of said township for a 
period of two years." 



19. Act June 28, 1895, Sec. 7, P. L. 413. 

20. Act June 28, 1895, Sec. 8, P. L. 413. 

21. Act April 25, 1901, Sec. i, P. L. 105. 

22. Act April 25, 1901, Sec. 2, P. L. 105. 

LUhU 



lOO COMMON SCHOOL LAW 

Elections and ballots. 

269. All elections ordered by a board of school direc- 
tors, in pursuance of section 2 of this act, shall be held at 
the usual place or places of holding township elections at a 
regular election, and notice shall be given and the election 
conducted in all respects as provided by law for the election 
of township officers, and the ballots shall have printed 
thereon : For centralization-Yes, For centralization-No.^^ 

Issuing of bonds. 

270. Should the board of school directors deem it 
necessary to issue bonds to purchase a site or sites, or erect 
a building or buildings, for the purpose of such centraliza- 
tion, then the election shall be conducted as provided in 
section 3 of this act, but in such cases the ballots shall also 
have printed thereon : For levying a tax to purchase 

site (or sites) and erect (building or buildings) for 

the centralization of schools, at a cost not to exceed 

$ Yes, for levying a tax to purchase site 

(or sites) and erect building (or buildings) for 

the centralization of schools, at a cost not to exceed 
$ No ; and if more votes are cast in favor of levy- 
ing said tax for said purpose than against said proposition 
at such election, it shall be the duty of tlie said board of 
school directors, and the board of school directors is 
authorized, to issue bonds and sell the same as provided by 
law, and to levy a special tax to provide for the payment of 
the same, together with interest thereon, provided said levy 
shall not in any one year exceed five mills on the dollar 
valuation, and said bonds shall not bear more than five per 
centum interest, and shall not be sold at less than their face 
value. ^"^ 

Course of Instruction and transportation of pupils. 

271. In a township in which proceedings have been 
had under the preceding sections of this act and the vote 
has been favorable for centralization, the board of school 



23. Act April 25, 1901, Sec. 3. P. L. 105. 

24. Act April 25, 1901, Sec. 4, P. L. 105. 



PUBLIC HIGH SCHOOLS lOI 

directors are required to maintain and support a graded 
course of instruction, and may include a high school course 
of not less than two years ; they are also required to 
furnish transportation to and from school to all pupils liv- 
ing more than three-fourths of a mile from the central 
building, said distance to be measured fiom the enclosure 
immediately surrounding their residence to the school 
house property, along the nearest public highway : Pro- 
vided, That no such school shall be abolished or discontinu- 
ed in any sub-district where, on account of the geography 
of the district, it is impracticable for the pupils to be con- 
veved to the school established at the point of centraliza- 
tion, ^s 

When children may attend high school in another district. 

272. Children residing in the school districts in which 
no public high school is maintained, may attend a high 
school in some other district, located near their homes; 
provided the consent of the directors of the district in which 
said high school is located be first obtained; the cost of 
tuition and school-books, which shall not exceed that of 
the tuition and school-books of children in the same grades 
or courses in the district maintaining such high school, 
shall be paid to the district receiving such children, out of 
the moneys raised by taxation for public school purposes in 
the district in which said children reside: Provided, That, 
before admission to a high school, such pupil shall be ex- 
amined and found qualified for high school work, by the 
principal of such high school."^ 

Children may attend higher grades in other districts. 

273. Children residing in school districts in which graded 
public schools, or graded courses of study, are or hereafter 
may be maintained, may attend the public high schools of 
higher grades or courses of study, including high schools, 

25. Act April 25, 1901, Sec. 5, P. L,. 105, 
Amended by Act June 26, 1901, P. L. 600. 

26. Act March 16, 1905, Sec. i, P. L,. 40. 



I02 COMMON SCHOOL LAW 

in other districts; the cost of tuition, which shall not ex- 
ceed that of the tuition of children in the same grade or 
courses in the districts maintaining said higher grades or 
courses and high schools, to be paid the districts receiving 
such children, out of the money raised by taxation for com- 
mon or public school purposes in the districts in which 
said children reside: Provided, however. That such attend- 
ance shall not begin until after provision for the same, and 
its duration, and for the expense of tuition according to the 
foregoing restrictions, has been made by the boards of direct- 
ors of the districts interested, by security as required by 
existing laws.^^ 



27. Act April 3, 1903, Sec, i, P. L. 153- 



274 
275 

276 

277 
278 
279 
28o, 
281 
282 
283 
284 



CHAPTER XL 

EVENING SCHOOLS. 

PAGE 

Establishment 103 

Employ teachers 103 

Qualifications of teachers 104 

Expenses 104 

Evening high schools may be established 104 

Admittance 104 

Procedure on refusal to establish evening high schools 104 

When to take effect 105 

Additional teachers 105 

Petition for schools 105 

Night schools for manual training of children 107 



Establishment. 

274. It shall be the duty of the board of school direct- 
ors or school controllers of any school district in this 
Commonwealth, upon the application of the parents of 
twenty or more pupils, above the age of six years, residents 
of said school district, to open a free evening school for 
their tuition in orthography, reading, writing, arithmetic 
and such other branches as may be deemed advisable, and 
to keep open said schools for a term of not less than four 
months in each year, each of the said months to consist of 
twenty days, and each of said days an evening session of at 
least two hours: Provided, however, That when the average 
daily attendance for one month falls below fifteen daily, 
said board of school directors or school controllers may, at 
their option, close said evening school for the remainder of 
said term.' 

Employ teachers. 

275. Upon such application, the board of school di- 
rectors or school controllers shall proceed, without unnecess- 
ary delay, to hire a competent teacher, and open said even- 
ing school in a convenient location: Provided, however. 
That two or more contiguous school districts may, at any 
time, unite in the establishment and support of one or more 
evening schools, and contribute pro rata to the expense of 
their maintenance.^ 



1. Act May 22, 1883, Sec. i, P. L. 37. 

2. Act May 22, 1883, Sec. 2, P. L,. 37. 



I04 COMMON SCHOOL LAW 

Qualification of teachers. 

276. The qualifications of teachers for said evening 
schools shall be the same as those for the teachers of the 
public schools of the Commonwealth, as already made and 
provided, or as may hereafter be made and provided by law.^ 

Expenses. 

277. The expenses for the support and maintenance 
of said evening schools shall be defrayed out of the taxes 
raised for the support of the common schools: Provided, 
That said school board may, in making their estimates for 
the school year, allow and set aside a certain sum for the 
support and maintenance of said evening schools, and levy 
and collect their tax rate accordingly.'* 

Evening high schools may be established. 

278. The board of school directors or school controllers 
of any school district may, where necessary, establish an 
evening high school, and the board of school directors or 
school controllers of two or more contiguous school districts 
may unite for the establishment and support of an evening 
high school; the curriculum of which shall be drawn up and 
arranged by the several school boards, in joint session met 
and assembled, according to their best judgment and the 
necessities of their respective districts. ^ 

Admittance. 

279. No pupil shall be admitted to said evening 
schools, who is unemployed during the day, or in actual 
attendance upon any school during the day, public or 
private.^ 

Proceedure on refusal to establish evening schools. 

280. Should any board of school directors, or controllers, 
neglect or refuse to carry out the provisions of this act, the 
petitioners aforesaid may present their petition to the court of 
common pleas of the proper county, setting forth, that applica- 



3. Act May 22, 1883, Sec. 3, P. L. 37. 

4. Act May 22, 1883, vSec. 4, P. L. 37. 

5. Act May 22, 1883, Sec. 5, P. L. 37- 

6. Act May 22, 1883, Sec. 6, P. L- 37. 



EVENING SCHOOLS IO5 

tion had been made to the proper board of school directors 
or controllers as aforesaid, and that said board had neglect- 
ed or refused to carry out the provisions of this act; where- 
upon such court shall, after due proof of the notice of the 
presentation of such petition having been served upon the 
president and secretary of such board, proceed to hear and 
determine as to the necessities and propriety of the estab- 
lishment of such school or schools, and in its discretion 
order the board of school directors or controllers, to open 
and maintain such school or schools, with power to enforce 
such order by attachment or mandamus, at the discretion 
of the court.^ 

When to take effect. 

281. The provisions of this act shall not go in force 
until the beginning of the regular school year, Anno Dom- 
ini, one thousand eight hundred and eighty-three: Provided, 
That tlie provisions of this act shall not apply to any part 
or section of the state, where special provision exists for 
night scliool.^ 

Additional teachers. 

282. As the average daily attendance increases, addi- 
tional teachers may be engaged and retained at the discretion 
of the school directors or controllers aforesaid. ^ 

Petition for schools. 

283. Rice J. says: — "The act of May 22, 1883, P. L. 
37, relating to free evening schools provides that if any 
board of school directors or controllers shall neglect or 
refuse to carry out the provisions of the act, the court, 
upon petition, and after due proof of notice, shall proceed 
to hear and determine as to the necessities and propriety of 
the establishment of such school, and in its discretion may 
order the board of directors to open and maintain same. 



7. Act May 22, 1883, Sec. 8, P. L. 37. 

8. Act May 22, 1S83, Sec. 9, P. L,. 37. 

9. Act May 7, 1889, Sec. i, P. L. no. 



Io6 COMMON SCHOOL LAW 

The power of the court is to be exercised only in clear cases, 
where the directors have wilfully neglected or refused to 
perform their duties. 

"The petition which is at the foundation of thesie 
proceedings was not served on the secretary of the board 
until December, 1891, Passing the objections to the mau- 
ner in which it was signed and served, we think there were 
substantial reasons for not granting the prayer of the peti- 
tioner. The board of directors had resolved, at the beginn- 
ing of the school year, to have eight months of school, had 
levied a thirteen mill tax, and had employed the teachers 
and fixed their salaries. The tax was barely sufficient to 
pay the expenses incurred on that basis, and the directors 
had no power to lay an additional tax, even if they had 
gone to the full limit of their power in their first levy. 
School directors are not required to make bricks without 
straw, and at the time the petition was presented to them 
it was practically impossible for them to open a night school 
for a term of not less than four months, as the law. provides, 
without closiug the day schools for a nearly equal length of 
time, and perhaps, breaking their contract with the teachers 
employed for those schools. We do not think the legis- 
lature conteniDlated the compulsory establishment of a 
night school under such circumstances especially where the 
number of pupils who attend it is barely sufficient to war- 
rant the opening of such a school under any circumstances. 

"Under the facts proved we do not think the directors 
were in fault, but even if they were, it is now too late to 
establish a school for the current year, and the court would 
not be authorized to order one for the ensuing year when 
it is not certain that the conditions will be such as to re- 
quire it. The time for the new board to organize and to 
levy taxes for the ensuing year is at hand, and we have no 
doubt, that, if a proper petition is presented to them in due 
time, they will make arrangements to comply with the 
law."'° 



10. Denison School District, 6 Kulp 457, 1892. 



EVENING SCHOOLS IO7 

Night schools for manual training of children. 

284. Whenever the school directors or controllers of 
any city of the Commonwealth shall be requested by fifty 
or more taxpayers, they shall establish and equip sufficient 
night schools for the manual training of children above the 
age of twelve years, and shall keep the same open as many 
months in the year as day schools are kept open in such 
city. The court of common pleas of the proper county 
shall have jurisdiction to enforce this act by mandamus: 
Provided, That when the average attendance shall fall be- 
low fifteen nightly, the board may at their option, close 
the school for the remainder of the term." 

II. Act May 11, 1901, Sec. i, P. L,. 176. 



CHAPTER XII. 

SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES 
AND EXPEL PUPILS FOR MISCONDUCT. 

285. Direct studies and select books 108 

286. Branches required to he taught 108 

287. Optional as to other branches 108 

288. Additional branches in cities of the second and third class 109 

289. System of humane education 109 

290. Experiments on living animals forbidden 109 

291. Month!}' reports 109 

292. Physical culture 109 

293. Duty of school directors, controllers and boards of education., no 

294. Suspension and expulsion of pupils no 

295. Power of committee to investigate no 

296. Teachers or school boards may expel pupils Ill 

Direct studies and select books. 

285. School directors and controllers shall direct what 
branches of learning shall be tanght in each school, and 
what books shall be nsed.' 

Branches required to be taught. 

286. The branches of orthography, reading, writing, 
arithmetic, geography, English grammar, United States 
history,^ physiology and hygiene, which shall, in each div- 
ision of the subject so pursued, include special reference to 
the effect of alcoholic drinks, stimulants and narcotics upon 
the human system, shall be included in the branches of 
study now required by law to be taught in the common 
scliools, and shall be introduced and studied as a regular 
branch by all pupils in all departments of the public schools 
of the Commonwealth, and in all educational institutions 
supported wholly or in part by money from the Common- 
wealth, ^ and kind treatment of birds and animals,"^ and in 
cities of the first and second class a regular course in phy- 
sical culture,^ are peremptorily required to be taught. 
Optional as to other branches. 

287. Other branches may be introduced from time to 
time by the school directors or controllers.^ 



1. Act May 8, 1854, Sec. 23, P. L. 621. 

2. Act May 8, 1854, Sec. 38, P. L. 625. 

3. Act April 2, 1885, Sec. i, P. L. 7. 

4. Act March 27, 1905, Sec. i, P. L. 60. 

5. Act March 8, 1901, Sec. i, P. L. 49. 

6. Act May 8, 1854, Sec. 38, P. L. 625. 



COMMON SCHOOL BRANCHES IO9 

Additional branches in cities of the second and third class. 

288. In every city of the second class the central board 
of education, and in every city of the third class the board 
of school controllers, and in every borough and township of 
the first class the board of school directors, shall have power 
to establish and maintain one or more schools for the in- 
struction of pupils in the useful branches of the mechanic 
arts, athletics and kindred subjects, to provide the necessary 
buildings, machinery, apparatus and materials, and to em- 
ploy teachers and instructors therefor.'' 

System of humane education. 

289. A system of humane education, which shall in- 
clude kind treatment of birds and animals, shall be includ- 
ed in the branches of study now required by law to be 
taught in the commom schools; such instruction to be given 
to all pupils, up to and including the fourth grade, of the 
public schools of this Commonwealth, and to consist of not 
more than half an hour each week, during the whole term 
of the school.^ 

Experiment on living animals forbidden. 

290. No experiment upon any living creatiu'e, to de- 
monstrate in physiology, shall be permitted in any public 
school of the state. '^ 

Monthly reports. 

291. The principal or teacher in every school shall 
certify, in each of his or her monthly reports to the school 
board, that such instruction has been given in the school 
under his or her control, '° and this act shall take effect im- 
mediately." 

Physical culture required to be taught. 

292. Physical culture, by a regular and progressive 
course of calisthenics, shall be included in the branches ol 
study now required by law to be taught in the public 
schools of this Commonwealth.'^ 



7. Act March 24, 1905, Sec. i, P. L. 52. 

8. Act March 27, 1905, Sec. i, P. L,. 60. 

9. Act March 27, 1905, Sec. 2, P. L,. 60. 

10. Act March 27, 1905, Sec. 3, P. L,. 60. 

11. Act March 27, 1905, Sec. 4, P. 1,. 60. 

12. Act March 8, 1901, Sec. i, P. L. 49. 



no COMMON SCHOOL LAW 

Duty of school directors, controllers and boards of education. 

293. It shall be the duty of the school directors, boards 
of school controllers, and boards of education of the public 
schools of this Commonwealth, to make proper provisions 
in all the schools or districts under their jurisdiction, care 
and control, for instructions to be given the pupils of said 
public schools in physical culture, by a regular and progress- 
ive course of calisthenics, and any failure on the part of 
said directors, controllers or boards of education, to comply 
with the provisions of this act, satisfactorily proven to the 
state superintendent of public instruction, shall be deemed 
sufficient cause for withholding the warrant for state's ap- 
propriation of school money to which district would other- 
wise be entitled. Provided, That teachers shall not be re- 
quired to pass examinations in the branch of study provided 
in this act until after January first, one thousand nine hun- 
dred and two. Provided, That this act apply only to cities 
of the first and second class. '^ 

Suspension and expulsion of pupils. 

294. School directors and controllers may suspend or 
expel from the school all pupils found guilty, on full exami- 
nation and hearing, of refractory or incorrigibly bad con- 
duct.''^ 

Power of committee to investigate. 

295. This was a petition for mandamus against school 
directors to compel the restoration of a pupil who had been 
expelled for incorrigibly bad conduct. The principal of the 
school made certain charges against the pupil to the school 
committee of the said board, and the said committee there- 
upon dismissed the said pupil from the public schools and 
he was thereafter denied admission to the school by the prin- 
cipal and refused further instruction therein. It is admitted 
that the expulsion was by a committee of said board, con- 
sisting of three members thereof, and not by the board of 
directors themselves, and no examination nor hearing of the 
charges was had before the full board. 



13. Act March 8, 1901, Sec. 2, P, L. 49. 

14. Act May 8, 1854, Sec. 23, P. L- 621. 



COMMON SCHOOL BRANCHES III 

The matter was brought. however to the attention of 
the full board, and a hearing before tlieni was demanded, 
winch was refused; and the action of the committee was ap- 
proved and sustained. 

In reviewing the case Mr. Justice Potter said, inter 
aha: " Under the act of May 8, 1854, power is given to the 
board of directors, on full examination and hearing, to sus- 
pend or expel from the school all pupils found guilty of re- 
fractory or incorrigibly bad conduct. The requirement is 
that the examination and hearing shall be full, but this does 
not necessarily mean that it should be by the full board. We 
see no reason why the investigation of charges and the con- 
duct of a hearing may not be delegated to a committee of the 
board, when the action of the committee is afterwards re- 
ported to, and is_ reviewed and considered and sustained by 
the full board." '^ 

Teachers or school boards may expel pupils. 

296. The facts of the case, as they appeared on the trial, 
were as follows: Hughes, the plaintiff, was at a former time a 
student at the State Normal School at Edinboro, Erie County, 
Pennsylvania. For some matter, not very grievous. Prof 
Cooper, tlie principal of the school, expelled Hughes from 
this normal school, and from all the normal schools of the 
state, no matter where situated, and for all time to come. 
Some time after this, and at the close of the term, the Potter 
Literary Society gave an exhibition, at which all the public 
were invited to attend. Tickets were sold, and great efforts 
were made to distribute them and secure a full house. On 
the evening of the entertainment, Mr Hughes and a lady, 
with tickets, presented themselves at the hall, and upon the 
surrender of their ticket were passed in and seated near the 
centre of the room. Soon after, and about the time the hall 
was filled, Goodell, Cutler and Langley took Hughes, and 
by force put him out of the school building, and out of the 
grounds. Verdict for plaintiff of $275.00. New trial re- 
fused. 



15. Miller vs. Clement, 205 Pa. 484, 1903. 



112 COMMON SCHOOL LAW 

In delivering the charge. to the jury, Johnson, J. says : 

" While the trustees and directors of our public schools 
and literary institutions have a qualified title to, and pos- 
session of, the real estate dedicated to the use of the public 
for educational purposes, it does not confer upon them that 
absolute dominion which a private individual may exercise 
over the premises of which he is the exclusive and fee sim- 
ple owner. The public have some right in school house 
property, and among them the right of entry, at all proper 
times, and for proper purposes. The rights of trustees and 
directors of public schools are subordinate to this. The 
public, means all the citizens within a given distance or dis- 
trict, intended to be benefitted by the purposes to which the 
premises are devoted. 

" While the teachers or directors may expel a scholar 
from the school for sufficient reasons, and deprive him of its 
advantages, it does not follow, by any means, that they can 
inflict a perpetual personal disability upon the oflfending 
student. If he is afflicted with a contagious disease, or pos- 
sesses such a bad moral character as to endanger the health 
or pollute the morals of those with whom he comes in con- 
tact, he may, from motives of public policy, be excluded 
from their association, 

" But for a technical violation of school regulations, 
while he may be expelled from the school, he cannot be fur- 
ther punished by its guardians, by the infliction of disabili- 
ities in derogation of his rights as a citizen. 

" The school authorities, of course, have a right to pro- 
tect themselves and their school from disturbance and an- 
noyances that interfere with the successful prosecution of 
the purposes for which they are established. 

"They would have a right to exclude from their 
grounds and buildings any man who would enter them to 
disturb the peace, or break up the order, or interfere with 
the legitimate exercises of the school. 

" Beyond that, they could not impose individual re- 
strictions at theirown caprice, making discriminations to the 
exclusion of some from public exhibitions, to which all the 



COMMON SCHOOL BRANCHES II3 

public are invited. This would be invidious, and in viola- 
tion of the private rights of the individual. Even during 
the war, peaceable rebels had a right to live in loyal territory, 
and enjoy the benefits of our literary and religious institu- 
tions. 

" Now, to say that a student expelled from a school for 
disobedience to some municipal regulation, should be ex- 
cluded from attending a prayer meeting or public lecture, in 
the school house or college premises, for all time to come, 
without any evidence of improper conduct or suspicion of 
improper purposes, would be an exercise of tyranny over 
his private rights, not vested in the trustees, directors or 
professors of our educational institutions. 

" A scholar may forfeit his rights to a place in the school 
or college by the violation of some rule that involves no 
moral turpitude. i\nd, so far as appears, that was the con- 
dition of this plaintiff If the rule of right in the profes- 
sors be as great as is claimed in this case, he might have 
been sued in trespass or forciblv expelled for attending the 
funeral of his mother upon the premises ten years after his 
expulsion. 

' ' It is a mistake to say that the literary society that 
got up that exhibition, and the exercises of that evening, 
was a constituent part of the school, or of the prescribed cur- 
riculum, or course of its studies. The literary societies are 
voluntary aspirations among the students, to which they 
may or may not belong. The exercises are of their own 
choice, and the exhibition is held at their own volition. It 
is true, the organization and its exercises are subordinate 
to, and subject to the supervision of the professors. When 
they are approved by the professors, and permission is given 
to the society to use tlie public hall of the institution for 
their exhibition, had they the right to say that any individ- 
ual member of that community should not attend? I think 
not, unless something in the moral character of that person, 
or a reasonable apprehension existed that he intended to 
break the peace or interrupt the exercises of the evening, 
made it proper, from public considerations, to exclude him. 



114 COMMON SCHOOL LAW 

The question, therefore, is whether the plaintifFhad forfeited 
his rights as a citizen, to be present at the exhibition, to 
which all the citizens had been invited, and to which he had 
purchased a passport. 

" If he came there to disturb the peace or interrupt the 
exercises ; if he had madeprevious threats that he would do 
so, or demonstrations of such intention after entry, he might 
properly be put out. But in the absence of any such con- 
duct, or evidence of such intention, he had the same right 
to come there that any other peaceable citizen had. Of this 
he could not be deprived at the pleasure or caprice of the 
professor who presided over the destinies of the school. 
The Potter Literary Society, by permission, had the use of 
the premises that night, and it had publicly invited all to 
pay and come. He had so done. His ticket gave him and 
his lady a passport to the hall, which no one had a right to 
dispute so long as his conduct was unexceptionable. 

" No physical injury was inflicted. The plaintiff was 
forcibly ejected from the hall, in the presence of a large as- 
sembly. The injury consists in the insult and indignity 
inflicted upon his sensibilities and his honor, and the viola- 
tion of his personal rights. The plaintiff does not ask high 
or exemplary damages, but should receive something by 
way of compensation for the injury he has suffered. This 
suit is brought rather to settle a disputed question and vin- 
dicate his rights, than as a pecuniary speculation." '^ 

i6. Hughes vs. Goodell, 3 Pitts. R. 264, 1870. 



CHAPTER XIII. 

LIABILITY OF DIRECTORS AND CONTROLLERS — PAYMENT OF 

EXPENSES. 

PAGE 

297. Payment of necessary expenses 115 

298. Directors have no authority to pay a pupil's board 115 

299. School orders or warrants are not negotiable 115 

300. School boards not authorized to purchase drafts or com- 

mercial papers 115 

301. School directors personally liable 116 

302. Liable for unlawful settlement with tax collectors 118 

Payment of necessary expenses. 

297. Directors and controllers shall pay all necessary 
expenses of the schools by drafts on the district treasurer, 
signed by the president, and attested by the secretary of the 
board, the same being entered on the minutes.' 

Directors have no authority to pay pupil's board. 

298. The payment of the board of a pupil by school di- 
rectors from ptiblic funds is unauthorized by law and illegal 
and will be restrained by injunction.^ 

School orders or warrants are not negotiable. 

299. Orders drawn by a president of a board of school 
directors on the treasurer of a school district, under the 
school law, are not negotiable bills or orders, but mere war- 
rants for the payment of money to the person to whom they 
are issued, to be disbursed by the treasurer under the au- 
thority of the law : they, therefore, do not authorize a sub- 
sequent holder to maintain suit in his own name, as upon a 
promissory note or order. They do not possess the ordi- 
nary properties of a mere contract, but are a statutory means 
of drawing the public money out of the hands of the legal 
custodian of the funds of the district. 

First National Bank of Northumberland vs. Rush 
School District, 81 Pa. 307, 1876.3 



1. Act May 8, 1854, Sec. 23, P. L. 621. 

2. Peiffer vs. Reno, 29 Pa. C. C. 145, 1904. 

3. Dyer vs. Covington, 19 Pa. 200, 1850. 



Il6 COMMON SCHOOL LAW 

School boards not authorized to purchase drafts or commercial 
papers. 

300. Justice Paxtoii said : "Theact of assembly author- 
izing them to borrow money and issue bonds therefor on 
the credit of the district would hardly authorize them to 
purchase drafts or commercial paper and issite the bonds of 
the school district in payment therefor. It would be an ex- 
tremely dangerous doctrine to hold that municipal officers 
authorized by an act of assembly to borrow money upon the 
credit of tlie municipality, could issue the bonds of such 
municipality for anything but money."'* 

School directors personally liable. 

301. In this case Robert Linn was a member of the 
board of school directors, and also treasurer of the school 
district. Samuel M. Kenyon, who had charge of the Savan- 
nah school house, or school house No. 9, was discharged 
as teacher by resolution of the board the 28th of February, 
1857. It appears that after his discharge as a teacher by the 
school board, lie continued to teach at the same place at the 
instance of those who had sent their children to this school, 
and with the understanding, that if he was not paid by the 
school directors, those who sent their children to the school 
would pay for their tuition. On the 25th of April, 1857, there 
was a resolution introduced to pay Kenyon for tuition after 
he had been discharged, which was lost by a tie vote. On 
the 29th of August, 1857, there was a resolution offered to re- 
instate the Savannah school house where Kenyon had 
taught, which was again lost by a tie vote. Again, on the 
26th of March, 1858, another resolution was introduced to 
pay Kenyon, which was again lost by a tie vote. The 
school board of 1857 appear to have been equally divided 
on the question of paying Kenyon, and it appears to have 
been frequently agitated and brought to the notice of the 
board, and resulted in an equal division, until after the 
spring election of 1858, when the subject was again brought 
before the board of directors, and on the 5th of June, 1858, a 
resolution was passed to reinstate Samuel M. Kenyon as a 



4. Muticy Borou<(h School District vs. Com., 84 Pa. 469, 1877. 



PAYMENT OF SCHOOL EXPENSES I17 

teacher in the Dickinson district, and to pay him his salary 
for teaching at the Savannah school house for five months. 
This resolution was carried by a vote of 3 to 2, Mr. Linn 
voting in the affirmative. On tlie same day, as appears 
from the minutes of the board, an order on the treasurer was 
drawn in favor of Kenyon for $125.00, in due form, signed 
by the president and attested by the secretary. This order, 
thus drawn under the circumstances we have stated, the to wn- 
sliip alleges was illegal, and ought not to have been paid by 
the treasurer of the school board ; that the township auditors 
erred in passing this order to the credit of the treasurer, and 
this appeal from their settlement has been entered to cor- 
rect this alleged error. 

Chief Justice Lowrie said : " Undoubtedl}' this teacher 
had no right to be paid out of the public funds, except for 
the time he was in the public employment ; and the direc- 
tors had no legal authorit}- to pay him ; otherwise, they did 
it to their own wrong, and each director who voted for it is 
personally liable to the township. They had no right thus 
to deal with trust funds. They are in no proper sense leg- 
islators ; but officers under the law, and obliged to obey it. 
Even a majority of the voters of the township could invest 
them with no authority to set aside the law of their office. 

Then, as to the defendant, the treasurer : is he liable 
for paying the order, as for a mispayment ? As director he 
voted for the misapplication of the money, and as treasurer 
he paid it ; and he is now called upon, as treasurer, to ac- 
count for it. Can he, as treasurer, shield himself behind 
himself as director ? Can he, as treasurer, take advantage 
of his own wrongful act, as director, to save himself from 
liability ? May he excuse an unlawful application of public 
funds, by showing a warrant which he himself unlawfully 
assisted in issuing ? We are very clear that he cannot. Cer- 
tainly it is true, that he must pay the warrants of the di- 
rectors, and is not answerable for their errors. Yet, it is 
also true that when he, as treasurer, becomes subordinate to 
himself as director, he can have no moral or legal right to 
protection as subordinate, by pleading his own lawful act as 



Il8 COMMON SCHOOL LAW 

superior. When the same man is both superior and sub- 
ordinate, the maxim ' respondent superior ' furnishes no 
protection to the subordinate. A treasurer cannot claim 
credit for payment of a warrant illegally issued, if he him- 
self aided in its issue. School directors cannot make law, 
and have none of the immunities of supreme legislators. 
Like other trustees, they are answerable for ordinary care 
and good faith in the performance of their duties. ^ 
Liable for unlawful settlement with tax collectors. 

302. If school directors make an unlawful settlement 
with a tax collector, the directors will, themselves, be liable 
personally to the district for the loss. The settlement with 
tax collectors must be submitted to the auditors annually 
for approval.^ 



5. The Township of Dickinson vs. Linn, 36 Pa. 431, i860. 

6. Mason vs. Caffrey, 9 Kulp 414, 1S99. 



CHAPTER XIV. 

SCHOOL SITES. 

PAGE 
303. Power of school directors or controllers to enter upon and 

occupy sufficient ground for school sites 119 

Sites for school houses 120 

Location of school houses 121 

Review by the courts 122 

Report of viewers 122 

School board acquires no fee 123 

Power to discontinue proceedings under act April 9, 1867 123 

Certain land owned by county may be taken for educational 

purposes 123 

Damages, how secured 123 

Court of quarter sessions to appoint viewers. Duties of viewers. 124 

Power of the school board to take public burial places 124 

Court of common pleas to appoint viewers. Duties of viewers.. 125 

Appeal from report of viewers 126 

Procedure 127 



304 
305 
306 

307 
308 

309 
310 



312 

313 
314 
315 
-,16 



Power of school directors or controllers to enter upon and occupy 
sufficient ground for school sites. 

303. Whenever the board of directors, or controllers of 
of any school district in this Commonwealth, shall be unable 
to procure such eligible sites, for the erection of school 
houses thereon, as they may deem expedient, by agree- 
ment with the owner or owners of the land, it shall and may 
be lawful for the board of directors, in behalf of the district, 
to enter upon and occupy sufficient ground for the purpose, 
which they shall designate, and mark off, not exceeding, in 
any case, one acre, and to use and occupy the same, for the 
purpose of erecting thereon a school house, with its neces- 
sary or convenient appurtenances ; and for all damage done 
and suffered, or which shall accrue to the owner or owners 
of such land, by reason of the taking of the same, for the 
purposes aforesaid, the funds of the district, which may be 
raised by taxation, shall be pledged and deemed as security ; 
and it shall and may be lawful for the cotirt of common 
pleas of the proper county, on application thereto, by peti- 
tion, either by the said school district, through the presi- 
dent and secretary of the board of directors, or by the owner 
or owners of said land, or any one of them, in behalf of all, 
to appoint a jury of viewers, consisting of three discreet and 



I20 COMMON SCHOOL LAW 

disinterested citizens of said county, who shall not be the 
owners of property or residents in the school district in 
which such land is taken, as aforesaid, and appoint a time 
not less than twenty nor more than thirty days thereafter, for 
said view'ers to meet upon said land ; of which time and 
place ten days' notice shall be given by the petitioners, to 
the said viewers and the other party ; and the said viewers, 
or any of them, having been first duly sworn or af- 
firmed, faithfully, justly and impartially to decide, and a 
true report to make, concerning all matters and things to be 
submitted to them ; and having viewed the premises, they 
shall establish and determine the quantity and value of said 
land so taken, to be used for the purposes aforesaid, and after 
having made a fair and just computation of the advantages 
and disadvantages, they shall estimate and determine whether 
any, and if any, what amount of damages has been or may 
be sustained, and to whom payable, and make report thereof 
to said court ; and if damages be awarded and the re- 
port be confirmed by the said court, judgment shall be 
entered thereon ; and if the amount thereof be not paid 
within thirty days after the entry of said judgment, exe- 
cution, to enforce the collection thereof, may be issued as 
in other cases of judgment against school districts ; and 
each viewer shall be entitled to one dollar and fiftv cents 
per day, for every day necessarily employed in the perform- 
ance of the duties herein prescribed, to be paid by such dis- 
trict : Provided, That eitlier party shall have the right to 
have re- viewers appointed by said court.' 

Sites for school houses. 

304. The word "ground" in the act of April 9, 1867, 
Sec. I, is synonymous with "land," and is )iot confined to 
such only as is bare for buildings. School directors 
may enter upon and occupy improved town lots. When a 
school district owns a lot, the directors may take beside, as 
much adjoining ground as is necessary for a site for a school 
house, if both together do not exceed one acre.^ 



1. Act April 9, 1867, vSec. i, P. L. 51. 

2. Ferreevs. the Sixth Ward Dist. of Allegheny, 76 Pa. 376, 1874. 



SCHOOL SITES 121 

The school directors have the authority to condemn 
land for the purpose of enlarging- scliool property upon 
which a scliool house is already erected.^ 

Location of school houses. 

305. Mr. Justice Williams said : 

" The subject of the controversy in this case is the lo- 
cation of a district school house. Reduced to its simplest 
terms the question raised is whether the exercise of official 
discretion of a board of school directors shall be supervised 
and directed by a court of equity. If so, the selection of 
teachers and text books, the fixing of the rate for the levy 
of school and building taxes, the arrangement of the course 
of study, together with other similar duties, will be here- 
after done subject to the opinion of the courts The ad- 
ministration of the school laws will in that case depend 
on the discretion of a chancellor, whose decrees will be en- 
forced by injunction or mandatory order. Such a conclu- 
sion would do violence to the school laws, and to the well 
settled rules that fix the limits of official discretion. If an 
officer neglects or refuses to enter upon the discharge of a 
duty which the law imposes upon him, the courts will 
quicken or compel action by a writ of mandamus. If he 
goes beyond what the law requires, attempts that which is 
ultra vires, or abuses his discretion in any manner, the 
courts will restrain him by injunction. The ground inter- 
mediate these extremes is the legitimate range of official dis- 
cretion, within which the officer, on whom the law has cast 
a duty, may determine the manner of its performance : 
Commonwealth vs. Cochran, i S. & R. 473 ; School Di- 
rectors vs. Anderson, 45 Pa. 388 ; Schlaudecker vs. Mar- 
shall, 72 Pa. 200 ; Dechert vs. Commonwealth, 113 Pa. 229 ; 
Runkle vs. Commonwealth, 97 Pa. 328. In the case of 
school directors who neglect or refuse to perform an official 
duty, the court of quarter sessions has a summary jurisdic- 



3. Springboro Scliool District's Case, 21 Pa., C. C. 23, 1852. 

Thompson vs. East Marlborough School Dist. , i Ches. 493, 1874. 



122 COMMON SCHOOL LAW 

tion and may remove them from office and appoint others 
to fill their places. For an abuse of discretion or an act con- 
trary to law, the remedy is in the common pleas. Bnt for 
a mistake in judgment as to the time or manner of per- 
formance of their official duties they are answerable to the 
constituency that elects them. They must act — their action 
must be within the legal limits that bound their powers. If 
they refuse to act, or go beyond the fair exercise of their 
discretion, the courts can exercise control o\er them. If 
neither of these conditions exist, but they proceed to the 
discharge of their duties, exercising their official discretion 
as to the manner, the courts cannot interfere. 

" But the learned counsel for the appellants seeks to in- 
duce action in this case by suggesting that a question of 
public health is involved. The bill alleges that the new loca- 
tion is less salubrious than the abandoned one, because more 
exposed to the winds of winter, and that pupils may suffer 
in health for this reason. It is more than doubtful whether 
the danger thus suggested is so obvious as to justify an ex- 
ercise of the police powers in order to avert it, even if the 
fact was admitted to be as alleged But it is distinctly de- 
nied in the answer before us. There is nothing in this case 
tlierefore to prevent the application of the general rule 
already stated." ^ 

Review by the courts. 

306. When a school board has made a selection for a 
location for a school house which was not the best place 
that might have been prociired, the court will not interfere 
unless the directors acted arbritarily, beyond reason, or un- 
less they were dishonest or had improper motives in making 
such selection 5 

Report of viewers. 

307. The Court said :- "It is not necessary that the 
report of viewers in proceedings under the act of April 9th, 
1867, P. L. 51, authorizing the selection of sites for school 



4. Roth vs. Marshall, 158 Pa. 272, 1893. 

5. Conney vs. Gardner, 16 Pa. C. C. 547, 1895. 



SCHOOL SITES 1 23 

houses, be signed by all the viewers, a majority being suffi- 
cient to act. "^ 

School board acquires no fee. 

308. Under the Act of April 9, 1867, P. L. 51, a school 
board acquires an easement only, and not a fee in land con- 
demned, and when the land is abandoned for school purposes 
its use and occupation reverts to the owner of the fee, nor 
can the board under the right of eminent domain acquire 
title to the land by adverse possession, or by prescription. 7 

Power to discontinue proceedings under Act April 9, 1867. 

309. Proceedings under the x'Vct may be discontinued 
at any time before final confirmation of proceedings, or the 
taking of actual possession of land. ^ 

Certain land owned by county may be taken for educational pur= 
poses. 

310. Whenever any county shall have had, or may 
hereafter have, land conveyed to it, for its use, or to be ap- 
propriated to the public buildings thereof and for education- 
al purposes, and there shall be more of such land than is 
necessary to be used and occupied for such public buildings, 
and more of such land than is so used and occupied, it shall 
and may be lawful for the directors or controllers of any 
school district to enter upon and occupy sufficient of such 
land for the erection of a public school house or houses, and 
to use and occupy the same for the purpose of erecting, and 
to erect thereon a public school house or houses with the 
necessary or convenient appurtenances.^ 

Damages, how secured. 

311. For all damages done or suffered, or which shall 
accrue to the county holding or owning such land, by reason 
of the taking of the same for the purposes aforesaid, the 
funds of the district taking such land, which may be raised 
by taxation, shall be pledged and deemed as security.'" 

6. Jackson Township School District, 11, York, 15. 

7. I/Hzarus vs. Morris, 29 Pa. C. C. 505, 1904. 

8. Funk vs. Waynesboro School District, 3, Sadler Rep. 177, 1886. 

9. Act April 4, 1889, Sec. i, P. L,. 25. 
10. Act April 4, 1889, Sec. 2, i, P. L. 25. 



124 COMMON SCHOOL LAW 

Court of quarter sessions to appoint viewers. Duties of viewers. 

312. It shall and may be lawful for the court of quarter 
sessions of the county wherein such land is situate, upon 
the petition eitlier by the school district through the prin- 
cipal officer or officers thereof, or by the county holding or 
owning such land, through the principal officer or officers 
thereof, to appoint a jury of viewers, consisting of three dis- 
interested citizens, not residents of nor owners of property 
in the county or district in which such land is situate, and 
to fix a time, within sixty days thereafter, for said viewers 
to meet upon said land, of whicli time and place of meeting 
not less than ten days notice shall be given to the said 
viewers and to the other party, by the petitioners, and the 
said viewers or any of them, having been first duly sworn 
or affirmed, faithfully and impartially to decide, and a true 
report to make, concerning all matters and things to be 
submitted to them; and having viewed the premises, shall 
establish and determine the quantity and value of such land 
so taken and to be used for the purposes aforesaid, and after 
having made a fair and just computation of the advantages 
and disadvantages, they shall estimate and determine whether 
any, and if any, what amount of damage has been or may be 
sustained, and to whom the same is payable, and make re- 
port thereof to the said court. And if damage be awarded 
and the report be confirmed b)- the said court, judgment 
shall be entered thereon, and if the amount thereof be not 
paid within ninety days after the entry of said judgment, ex- 
ecution may be issued to enforce the collection thereof, as 
in other judgments against school districts. Each view^er 
shall be entitled to three dollars for every day necessarily 
employed, and five cents for each mile circular necessarily 
traveled, in the performance of the duties herein prescrib- 
ed to be paid by said district." 

Power of the school board to take public burial places. 

School directors may appropriate burial grounds for school purposes. 

313. Whenever the board of directors or controllers of 
of any school district in this Commonwealth shall deem it 



II. Act April 4, 18S9, Sec. 3, P. L. 25. 



SCHOOL SITES 125 

desirable to occupy for purposes of commou school educa- 
tion, either for the erection of public school houses or of 
other buildings used or to be used for public school purposes, 
or for play-grounds, connected with or belonging thereto, 
or of extending play-grounds, or of improving the sanitary 
conditions of any school property or for other school district 
purposes, any grounds therein used as a public burial place, 
or which may heretofore have been used as such, or which 
was or may have been conveyed to or otherwise vested in 
fee, or for any other estate or trust in any municipal body 
or corporation as or for a public burial place, such school 
board may, by resolution passed by the affirmative vote of 
at least four-fifths of all the members thereofand duly enter on 
the minutes, declare its intention to take, use and occupy 
the same for the purpose or purposes aforesaid, designating 
the same in said resolution by metes and bounds : Provided, 
No more than one-half acre of ground shall at any onetime 
be so taken or occupied : Provided further, however. That 
in cases where such cemetery or burial ground has ceased 
to be used as such, or where no interment has been made 
therein for a period of twenty years preceding the time at 
which such board of school directors or controllers desires to 
take possession thereof for the purposes aforesaid, one acre 
of ground may be taken and appropriated, used or occupied 
as aforesaid : And provided further also, That this act shall 
not apply to burial grounds belonging to religious societies, 
churches or congregations or to private corporations or 
associations, nor to such portions thereof as are devoted to 
public use or for the burial of the poor, nor to burial 
grounds on or connected with almshouse properties.'^ 

Court of common pleas to appoint viewers. Duties of viewers. 

314. After the passage of said resolution, the court of 
common pleas of the proper county shall, on application of 
said board through its president, appoint three discreet cit- 
izens of the county in which said school district is located 
as viewers to view and ascertain the damages done, and 
likely to be done, by reason of such taking, use and occu- 



12. Act June 25, 1895, Sec. i, P. L. 291. 



126 COMMON SCHOOL LAW 

pancy, and shall appoint a time, not less than thirty nor 
more than sixty days thereafter, for said viewers to meet at 
or upon the premises so to be taken, used and occupied, of 
which time and place notice shall be given by said board of 
said viewers and to all parties interested, by publication for 
four successive weeks prior to the day of meeting, in not 
more than four nor less than two newspapers published in 
said county. The said viewers or any two of them having 
been first duly sworn or affirmed faithfully, justly and im- 
partially to decide and a true report to make concerning all 
matters and things submitted to them, and in relation to 
which they are authorized by law to inquire, and liaving 
viewed the premises shall establish and determine the quan- 
tity of said land so to be taken, used and occupied for the 
purposes aforesaid, and after having made a fair and just com- 
parison of the advantages and disadvantages, they shall es- 
timate and determine whether any, and if any, what amount 
of damages has been and seems likely to be sustained by 
reason of such taking, use and occupancy, and to whom pay- 
able, and make report thereof to said court ; and if dam- 
ages be awarded and the report be confirmed by the said 
court, judgment shall be entered thereon and execution to 
enforce the collection thereof may be issued as in other 
cases of judgment against school districts, and each viewer 
shall be entitled to two dollars per day for every day neces- 
sarily employed in the duties herein prescribed, to be paid 
by the school district. '^ 

Appeal from report of viewers. 

315. Upon the report of said viewers or any two of 
:hem being filed in said court, any party interested may, 
within thirty days thereafter, except to the same, or file his, 
her, its or their appeal from the same to said court. Such 
appeal shall be in writing and accompanied by an affidavit 
of the appellant, or his, her, its or their agent, chief officer 
or attorney, that the same is not taken for the purpose of 
delay, but because the affiant firmly believes that injustice 
has been done ; after such appeal either party may put the 



13. Act June 6, 1893, Sec, 2, P. L. 342. 



SCHOOL SITES 127 

cause at issue iu the form directed by said court, and the 
same may be tried by said court and a jury, and said pro- 
ceedings shall be with the same right of appeal to the Su- 
preme Court as in other cases.'-* 

Procedure. 

316. After the damages so finally determined upon, if 
any there be, shall have been paid to the parties in whose 
favor they are adjudged, or to the persons legally entitled 
thereto, such school district may, by its board of directors 
or controllers as the case may be, or by any person, con- 
tractor, agent, employe or officer thereto authorized by said 
board, enter upon, take, use and occupy such ground and 
erect building thereon, and do all things necessary and con- 
venient for the purposes aforesaid : Provided, That before 
entering upon, using or occupying the same, four weeks' 
notice shall be given by the board by publication in man- 
ner hereinbefore set forth, within wh'ich time any person 
having any relative or kindred buried in such burial place 
may designate where the same are buried and make de- 
mand npon said board, or the president thereof, that the re- 
mains of such relative or kindred be removed therefrom 
and separately interred elsewhere and marked with sub- 
stantial stones with appropriate inscriptions thereon at the 
proper expense and charge of said school district, which 
said demand shall be complied with before the commence- 
ment of the erection of any building on said grounds, and 
said school district shall, if necessary, purchase other land 
not more than twice the amount so to be taken for the pur- 
pose of re-interring therein the remains of persons buried 
in the ground to be taken, and all remains, so far as they 
can be found, shall be removed to the grounds so purchas- 
ed, or elsewhere, and interred in an orderly and decorous 
manner at expense of said district, and any grounds so pur- 
chased may thereafter be used as a public burial place in 
like manner as the property taken : Provided, That if any 
party in interest (other than such school district) appeal 
from the report of said viewers to the court as hereinbefore 



14. Act June 6, 1893, Sec. 3, P. L. 342. 



128 COMMON SCHOOL LAW 

provided for, it shall nevertheless be lawful for such board 
of school directors or controllers to file in court the bond 
or obligation of such school district, in such form and in 
such amount as said court may approve, for the use of such 
appellant, conditioned for the payment unto such appellant 
of all damages that may ultimately be adjudged unto the 
appellant, and also for the payment of all costs that may be 
adjudged against such school district, and upon the ap- 
proval and filing of such bond the said school district, by 
its board of directors or controllers, may forthwith have, 
exercise and enjoy all the rights and privileges and do and 
perform all things to be done in the premises as herein 
above directed, the same as if final judgment had been ren- 
dered in the cause and as if all damages were fully paid. '5 



15. Act June 25, 1895, Sec. 4, P. L- 291. 



CHAPTER XV. 

SCHOOL HOUSES. 

PAGE 

317. Buildings for school purposes 129 

318. Purpose of plans and specifications of school houses 129 

319. School houses 130 

320. Lighting 130 

321. Class rooms. Air space 130 

322. School boards may permit use of grounds for recreation pur- 

poses 130 

323. Care and protection 131 

324. May lease or permit use of grounds 131 

325. Protection of school houses 131 

326. Use of school houses for literary purposes 132 

327. School boards may purchase United States flags 132 

328. Fire escapes 132 

329. Examination and approval of fire escapes 133 

330. Criminal liability for neglect of duty 133 

331. Water closets 134 

332. Removal of directors for failure to comply with the require- 

ments 134 

333. Houses must be separate 135 

334. Duties of school directors and controllers to remove excre- 

ment and waste matter 135 

335. Duty of the president 135 

336. The duty imposed upon directors is manditory 135 

337. Powers of school board to contract for water supply. Term 

of contract 138 

338. Payment of costs ? 138 

339. Bills shall be audited 138 

340. Power of school board to approve bond of contractors 139 

341. Void contracts 139 

342. Authority of contract 139 

343. Awarding contracts 139 

344. Not required to take bids for heating 139 

345. Unrecorded acts not void 140 

Buildings for school purposes. 

317. School directors and controllers shall cause suit- 
able lots of grounds to be procured, and suitable buildings 
to be erected, purchased or rented for school houses, and 
shall supply the same with the proper convenience and 
fuel.' 

Purpose of plans and specifications of school houses. 

318. Whereas, it is of great importance to the people 
of this Commonwealth that public school buildings, here- 



I. Act May 8, 1854, Sec. 23, P. L. 621. 



130 COMMON SCHOOL LAW 

after erected by any board of education, school trustees or 
school directors, shall be properly heated, lighted and venti- 
lated.^ 

School houses. 

319. In order that due care may be exercised in the 
heating, lighting and ventilating of public school buildings 
hereafter erected, no school house shall be erected by any 
board of education or school district in this state, the cost of 
which shall exceed four thousand ($4,000.00) dollars, until 
the plans and specifications for the same shall show in de- 
tail the proper heating, lighting and ventilating of such 
building.3 

Lighting. 

320. Light shall be admitted from the left or from the 
left and rear of class rooms, and the total light area must, 
unless strengthened by the use of reflecting lenses, equal at 
least twenty-five per centum of floor space.'' 

Class rooms. Air Space. 

321. School houses shall have in each class room at 
least fifteen square feet of floor space, and not less than two 
hundred cubic feet of air space per pupil, and shall provide 
for an approved system of indirect heating and ventilation, 
by means of which each class room shall be supplied with fresh 
air at the rate of not less than thirty cubic feet per minute 
for each pupil, and warmed to maintain an average tem- 
perature of seventy degrees Fahrenheit during the coldest 
weather. 5 

Protection of school property of cities and boroughs. School 
boards may permit use of grounds for recreation purposes. 

322. It shall be lawful for the ward or sub-district 
school boards, as well as for the central boards of educa- 
tion or of school controllers or directors in the several cities 



2. Preamble to Act April 22, 1905, P. L. 282. 

3. Act April 22, 1905, Sec. i P. L. 282. 

4. Act April 22, 1905, Sec. 2, P. L. 282. 

5. Act April 22, 1905, Sec. 3, P. L. 282. 



SCHOOL HOUSES 131 

and boroughs of the Commonwealth, to permit the use of 
the school grounds under their jurisdiction for park and 
recreation purposes by the public.'' 

Care and protection. 

323. It shall be lawful for all such ward or sub-district 
school boards and central boards of education, or of school 
controllers or directors in the several cities and boroughs of 
the Commonwealth, to make arrangements with the 
city or borough authorities for the enlargement, improve- 
ment, care and protection of the school grounds when used 
for park and recreation purposes by the public, and power 
is hereby conferred upon such city and borough authori- 
ties to make such expenditures as may be necessary to 
carry such arrangements into effect.'' 

flay lease or permit use of grounds. 

324. The said city, borough and school authorities are 
hereby empowered to make similar arrangements with cor- 
porations, societies, associations or individuals having pro- 
perty which they are willing to donate, lease or permit the 
use of for public park or recreation purposes, and said city 
and borough authorities are also empowered hereby to make 
all expenditures necessary to make such arrangements 
effective.^ 

Protection of school houses. 

325. If any person shall wilfully and maliciously 
break or enter any public school house, public school build- 
ing or other building used for public school purposes, or 
any out house used in connection therewith, or shall injure, 
damage or destroy any school furniture, books, papers, 
maps, charts or apparatus contained in any public school 
house or other building used and occupied for public school 
purposes, he shall be guilty of a misdemeanor, and upon 
conviction thereof shall be sentenced to pay a fine not ex- 
ceeding one hundred dollars, or undergo an imprisonment 

6. Act June 26, 1895, Sec. i, P. L,. 331. 

7. Act June 26, 1895, Sec. 2, P. Iv. 331. 

8. Act June 26, 1895, Sec. 3, P. L. 331. 



132 COMMON SCHOOL LAW 

in the county jail for a period not exceeding six months, or 
either, or both, at the discretion of the court.^ 

Use of school houses for literary purposes. 

326. It shall be lawful for school boards to grant the 
use of school houses for lyceuni and other literary purposes, 
non-sectarian, in their respective districts.'" 

School boards may purchase United States flag. 

327. The board of education or the board of school 
trustees in the several cities, towns, townships, boroughs, 
villages and school districts of this state, may purchase a 
United States flag, flag-staff and the necessary appliances 
therefor, and shall display said flag upon, near or in the 
public school building during school hours, and at such 
times as the said board may deem proper ; and that the nec- 
essary funds to defray the expenses to be incurred herein 
shall be assessed and collected in the same manner as 
moneys for public school purposes are now raised by law." 
and this act shall take effect immediately.'^ 

Fire escapes. 

328. All the following described buildings within this 
Commonwealth, to be provided with permanent, safe exter- 
nal fire escapes, to wit :- 

Every building used as a sanitary, college, academy, hos- 
pital, as3dum, or hotel for the accommodation of the public, 
every storehouse, factory, manufactory, or workshop of any 
kind in which employes or operatives are usually employ- 
ed at work in the third or any higher story, every tenement 
house or building in which rooms or floors are usually let 
to lodges or families, every public hall or place of amuse- 
ment, every parochial or public school building, when any 
of such buildings are three or more stories in height, shall 
be provided with a permanent, safe external means of 
escape therefrom, in case of fire independent of all internal 



9. Act May 19, 1897, Sec. i, P. L. 76. 

10. Act April II, 1901, Sec. i, P. L. 78. 

11. Act July 9, 1897, Sec. i, P. L. 233. 

12. Act July 9, 1897, Sec. 2, P. L- 233. 



SCHOOL HOUSES 1 33 

stairways ; the number and location of such escapes to be 
governed by the size of the building, and the number of 
its inmates, and arranged in such a way as to make them 
readily accessible, safe and adequate for the escape of said 
inmates. Such escapes to consist of outside, open, iron 
stairway, of not more than forty-five degrees slant, with 
steps not less than six inches in width and twenty-four 
inches in length. '- 
Examination and approval of fire escapes. 

329. It shall be the duty of the board of fire com- 
missioners in conjunction with the fire marshal of the dis- 
trict where such commissioners and fire marshal are elect- 
ed or appointed, to first examine and test such fire escape 
or escapes, and, after upon trial said fire escape or escapes 
should prove to be in accordance with the requirements of 
section one of this act, then the said fire marshal, in con- 
nection with the fire commissioners, or a majority of them, 
shall grant a certificate approving said fire escape, thereby 
relieving the party or parties to whom such certificate is is- 
sued, from the liabilities of fines, damages and imprison- 
ment imposed by this act : Provided, further. That in 
counties where no such fire marshals or fire commissioners 
exist, then the county commissioners in each said county 
shall be the board of examiners and shall grant certificates 
of approval when escapes are erected in accordance with the 
requirements of section one of this act.'^ 

Criminal liability for neglect of duty. 

330. That every person, corporation, trustee, board of 
education, and board of school directors, neglecting or re- 
fusing to comply with the requirements of section one of 
this act, in erecting said fire escape or escapes shall be li- 
able to a fine not exceeding three hundred dollars, and also 
be deemed guilty of a misdemeanor punishable by im- 
prisonment for not less than one month, or more than two 
months. And in case of fire occurring in any of said 
buildings in the absence of such fire escape or escapes, ap- 

12. Act June 3, 1885, Sec. i, P. L,. 68. 

13. Act June 3, 1885, Sec. 2, P. L. 68. 



134 COMMON SCHOOL LAW 

proved by certificate of said officials, the said person or cor- 
porations shall be liable in an action for damages in case of 
death or personal injuries sustained in consequence of such 
fire breaking out in said building, and shall also be deemed 
guilty of a misdemeanor punishable by imprisonment for 
not less than six months, nor more than twelve months ; 
and such action for damages may be maintained by any 
person now authorized by law to sue as in other cases of 
similar injuries : Provided, That nothing in this act shall 
interfere with fire escapes now in use approved by the pro- 
per authorities. '4 

Water closets. Number and arrangement for each school. 

331. Boards of school directors and controllers shall 
provide suitable and convenient water closets for each of 
the schools under their official jurisdiction, not less than 
two for each school or school building where both sexes 
are in attendance, in their respective school districts, with 
separate means of access for each, and unless placed at are- 
mote distauce one from the other, the approaches or walks 
thereto shall be separated by a substantial, close fence, not 
less than seven feet in height, and it shall be the duty of 
the directors or controllers to make provisions for keeping 
the water closets in a clean, comfortable and healthful con- 
dition. '^ 

Removal of directors for failure to comply with the require= 
ments. 

332. Any failure on the part of school directors or 
controllers to comply with the provisions of this act shall 
make them liable to be removed from office by the court of 
quarter sessions of the county in which the schools are lo- 
cated, upon complaint made to the court, under oath or af- 
firmation, of not less than five taxable citizens resident in 
the school district in which the school is located. ^'^ 



14. Act June 3, 1885, Sec. 3, P. L. 68. 

15. Act June 6, 1893, vSec. i, P. L. 339- 

16. Act June 6, 1893, Sec. 2, P. L. 339. 



SCHOOL HOUSES 1 35 

Houses must be separate. 

333. Separate apartments under the same roof will 
not be sufficient, but separate houses for each sex, placed as 
far apart as possible must be provided by the directors and 
properly cared for as the law expressly requires.''' 

Duties of school directors and controllers to remove excrement and 
and waste matter. 

334. The boards of school directors and controllers of 
each school district of this Commonwealth, be and they are 
hereby required, at least once during each full school term, 
and prior to the first of January of each year, and within 
thirty days after the close of each annual school term, to 
have taken out, removed and hauled away all excrement 
and waste matter from every outhouse or water closet con- 
nected with or standing upon the premises of every public 
school house in the Commonwealth, or have the same pro- 
perly disinfected ; and they are required to have every out- 
house or water closet properly scrubbed, washed out and 
cleaned, the inside walls whitewashed, and the vaults or re- 
ceptacles covered with a layer of fresh dirt or dry slacked 
lime within ten days of the opening of each annual school 
term.'« ' 

Duty of the President. 

335. The president of each board of school directors 
or controllers is required each year to certify, in the regular 
form provided for that purpose, that the requirements of 
this act have been fully carried out before the district can 
draw its annual appropriation from the state. '^ 

The duty imposed upon directors is mandatory. 

336. The petitioners ask for the removal of the school 
directors of Lower Salford Township for failure to comply 
with the provisions of the Acts of June 6, 1893, P. L. 339, 
and June 24, 1895, P. L. 254. The first named act requires 
the outhouses to be separated by close fences not less than 



1 7. School Laws and Decisions, Page 117, 1903. 

18. Act June 24, 1895, Sec. i, P. L- 254. 

19. Act June 24, 1895, Sec. 2, P. L. 254. 



136 COMMON SCHOOL LAW 

seven feet in height, and that the water closets shall be 
kept in a clean, comfortable and healthy condition ; the sec- 
ond act also provides for the cleansing, etc, of the closets. 
For a failure to comply with the act of 1893 the directors 
are liable to be removed ; and unless the president of the 
school board certifies that the requirements of the act of 
1895 have been fully carried out, the state appropriation 
cannot be drawn by the district. 

There can be no doubt that neither act has been com- 
plied with according to the spirit and intent of the law, and 
we would under the testimony be fully justified in removing 
the directors. The duty imposed on the officers is manda- 
tory, and no one can question the propriety of the law 
which imposes these duties. They are necessary for the 
health, comfort and morals of the children who attend 
the schools. We, however, recognize the fact that the re- 
spondents are respectable citizens who have not wilfully 
neglected their duties as they understood them, but have 
erred because of their ignorance of the law. They are thus 
liable to be removed ; but the court is not compelled to 
impose removal where it is satisfied that the neglect was 
merely a mistake of judgment. Their willingness to abide 
by the order of the court and their action since their atten- 
tion has been called to the matter, justify us in the conclu- 
sion that now that their attention has been called to the 
requirements of the law>that there will be no further reason 
for complaint on these grounds. 

We are convinced that the so-called "fence" is in no 
sense what is intended or required. The law reads : " The 
approaches or walks thereto (outhouses) shall be separated 
by a substantial close fence not less than seven feet in 
height." We cannot by general terms say what is meant 
by "the approach or walk" so as to apply to all cases. 
Much may depend upon the shape and size of the lot, the 
distance from school to outhouse, the location of the build- 
ings, etc. In some cases to build a fence from school to 
outhouse may entirely destroy the lot as a playground, and 
in others it might require a removal of buildings or the 
purchase of more ground. In each case there ought at 



SCHOOL HOUSES 137 

least to be a substantial compliance with the words of the 
law — sufficient to separate the sexes in going- to and fro. 
In the case in hand a mere screen in front of the door 
amounts to nothing; and when the law says seven feet, six 
feet is not a compliance, but an evasion. Where the ground 
will admit of so doing, the safer plan is to have the whole 
walk separated; or where the removal of the outhouse or 
the building of an additional one will enable the walk to 
be separated, this should be done. As we have already 
stated, we cannot decide all the cases in advance, and only 
make these suggestions as rules which may enable the 
directors to fulfill their duties. It is unnecessary to say 
anything further in relation to the condition of the out- 
houses. They must be kept clean and in good repair, and 
further neglect on this score will not be overlooked. 
School directors when they assume office have a duty to 
the public which requires them to visit the schools and to 
inquire into the condition of the grounds and buildings. 
This is not to be left to the teacher. It is a duty incum- 
bent on the director, and unless he is willing to attend to it 
he should resign or be removed. A neglect of duty may 
cause the withholding of the state appropriation, and 
result in closing the schools for want of funds. Directors 
who would risk such a result are unworthy of the trust re- 
posed in them. 

Complaint is also made because of the employment of 
an improper person as teacher. But we are unwilling to in- 
terfere with the discretion imposed on the directors in this 
matter. The teacher received a certificate from the county 
superintendent after his attention had been called to the 
matter, and there does not appear to have been any recent 
acts of impropriety by the party to whom reference is made. 
If the school board are satisfied to have their own children sit 
under such a man, we must assume that they have confi- 
dence in him. 

The last complaint is one over which we have no con- 
trol except in a plain case of abuse of discretion. The di- 
rectors must be vested with authority to decide as to the 
number of pupils to be assigned to a school, and also which 



138 COMMON SCHOOL LAW 

school the pupil is to attend. No unjust discrimination is 
apparent in this case, although we think it would have been 
a charitable and humane act, considering the physical con- 
dition of the boy, to have listened to the father's request. 
The interest of the child is more to be considered than any 
feeling of opposition to the parent. 

We are impressed with the idea that this case will be 
productive of good by calling the attention of directors in 
this and other townships to the provisions of the law 
claimed to have been violated. We do not think that there 
have been any wilful violations, but that in some cases there 
has been too much indifference shown by the directors, who 
fail to realize that their duties are active and require more 
from them than merely to meet periodicalh' to elect 
teachers, etc.^° 

Power of school board to contract for water supply. Term of 
contract. 

T^2>7- The school boards of the several townships or 

school districts within this Commonwealth, shall have full 

power and authority to contract with any person, company 

or association to furnish the said township or district with 

a sufficient supply of water for protection from fire or 

for sanitary purposes for a period not exceeding three (3) 

years, and to locate and erect fire plugs in close proximity to 

the school buildings.^' 

Payment of costs. 

338. The school boards as aforesaid shall make a record 
of such contract as they may enter into, including the cost 
thereof, which they are hereby authorized to pay out of any 
funds in the treasury not otherwise appropriated." 

Bills shall be audited. 

339. The township auditors shall pass upon such bills, 
and their action thereon shall have the same effect as upon 
other expenditures of such school boards.^^ 



20. School Directors of Lower Salford Township, 19 Pa. C. C. 264, 1897. 

21. Act June 24, 1895, Sec. i, P. L. 245. 

22. Act June 24, 1895, Sec. 2, P. L. 245. 

23. Act June 24, 1895, Sec. 3, P. L. 245. 



SCHOOL HOUSES 139 

Power of school boards to approve bond of contractors. 

340. The approval of the bond of a bidder for the erec- 
tion of a school building is entirely within the discretion of 
the board of school directors, and the court has neither the 
power nor inclination to interfere with the exercise of that 
discretion, except in cases of gross abuse of it. The mem- 
bers of a school board are as well, and in most cases better, 
able to determine the sufficiency of a bond than the court. 

If they have any doubt about the sufficiency of a bond 
offered for their approval, it is their duty to the public to 
refuse to approve it, and if it is an honest doubt, it is not 
material whether it is well founded or not.'''* 
Void contracts. 

341. A contract made between a corporation and a 
board of school directors to build a school building is illegal 
and void if a member of the school board is also a stock- 
holder in the corporation, such contract being in violation 
of sec. 66 of the Act of March 31, 1860.^5 

Authority to contract. 

342. Parties dealing with the officers of a school board 
are bound to inform themselves as to the right and author- 
ity of such officials to bind the district in making contracts 
for supplies.^*' 

Awarding contracts. 

343. School directors are not required to advertise for 
bids for the erection of school houses, or to award the con- 
tract to the lowest responsible bidder. ^^ 

Not required to take bids for heating. 

344. It was held that a school board is not required to 
take bids before letting a contract for heating a school 
house, but may let the contract in any manner it may deem 
proper if this discretionary power is not abused. ^^ 



24. Fritchey vs. School Directors, 19 Pa. C. C. 388, 1897. 

25. Elmwood Lumber Co. vs. Fray, 19 Pa. C. C. 56, 1897. 

26. Rutledge vs. McCue, 10 Kulp 57, 1900. 

27. Taylor vs. School District, 4 Lack. Leg. N. 231, 1898. 

28. Zies vs. Latimer, 28 P. L. J. 366, 1898. 



140 COMMON SCHOOL LAW 

Unrecorded acts not void. 

345. At a meeting of the board of school directors, 22d 
September, 1849, the directors, being all present, unani- 
mously authorized and directed Thomas Templeton, pres- 
ident of the board, to enter into an article on behalf of the 
directors, with John McBride for the building of a school 
house in the township. 

In pursuance of those instructions, Thomas Temple- 
ton, as president, and on behalf of the board of directors, 
made an agreement in writing, under seal, with the said 
John McBride, to build for the plaintiifs a school house, in 
the said township, as specified therein, and to finish it in 
May, 1850, for which the directors were to pay him $220.00. 
The article was lost, but it was testified that it was signed 
by the president of the board of school directors, and by Mc- 
Bride, with a seal to each name. McBride built the house, 
and the directors having paid him the whole amount of the 
consideration, except about $20.00, brought this suit to re- 
cover damages, both on account of defective materials and 
defective work. 

The lower court instructed the jury that the recorded 
minutes of the school directors were the only evidence of 
their acts, and that their acts, as a board, could not be 
proved by parol. 

On appeal Supreme Court reversed the judgment and 
awarded a new trial. Justice Lowrie said : 

" In School Directors vs. Cline we held that school di- 
rectors ' are a public bod)', bound to keep a record of their 
proceedings, and all their acts should appear on record,' and 
this is true : but this is not a declaration that their unre- 
corded acts are void. It indicates the duty of the directors 
to their constituents, and not to those with whom they are 
contracting — a duty the neglect of which may be of serious 
consequence to the district or to the directors themselves, 
but upon which contractors with the directors do not rely, 
and by which they are not intended to be affected, and to 
the neglect of which they cannot object." 



SCHOOL HOUSES 141 

"The administration of the public business relating to 
roads, poor, and schools, can always be best performed by 
township officers ; and, unaccustomed as many of them are 
to the forms of conducting the business of public bodies, 
their acts must be treated as valid when found to be the re- 
sult of joint consultation, even though the form of record- 
ing them has been omitted." ^^ 



29. School Directors vs. McBride, 22 Pa. 215, 1853. 



CHAPTER XVI. 

INDEBTEDNESS. 

PAGE 

346. Schcx)I board may borrow money 143 

347. Amount of indebtedness limited by the constitution 143 

348. No matter how small the excessover the constitutional limita- 

tion, the increase shall be restrained 144 

349. Without an election, decree of court authorizing indebtedness 

over 2 percent, is null and void 144 

350. Not a violation of the constitution whereby adjusting indebt- 

edness between new and old district an indebtedness ex- 
ceeding two per cent, is charged against one 144 

351. Resolution of school board to lay au annual tax for support of 

library not an increase of indebtedness under the constitu- 
tion 144 

352. What the word "indebtedness" shall include 146 

353. Calculating assets and liabilities to determine indebtedness.... 146 

354. Statement of indebtedness to be published annually 147 

355. Annual tax for the payment of interest and debt required by 

the constitution 147 

356. Debt may be increased by vote. Manner of payment. State- 

ment 147 

357. Provisions of the acts providing for an increase of indebted- 

ness must be strictly complied with 149 

358. Statement must show ''actual indebtedness" 149 

359. Notice of election on question of increase. Statement. Elec- 

tion 150 

360. Result of election. If for increase, tax to be levied for pa}'- 

nieiit 151 

361. Act of April 18, 1895, limited increase of debt at any time to 

two per cent 152 

362. Bonds may be redeemed before or after maturity with consent 

of holders 152 

363. Refunding and redemption of existing indebtedness incurred 

prior to April 28, 1875 I53 

364. Bonds issued since April i8th, 1895, validated 154 

365. Bona fide purchasers of school bonds or other securities. 

School district cannot deny statement to repudiate bonds... 154 

366. Where debt is lawful, though some provisions of the act are 

not complied with, court will protect innocent purchasers 

of bonds 155 

367. Illegality of assessment does not invalidate bonds 155 

368. Court of common pleas has authority to authorize debt under 

act of 1871 155 

369. Power of the court of common pleas to adjust indebtedness 156 

370. The act of 1871, above quoted, not repealed by the act of 1874. ^5^ 

371. Court may appoint an examiner to take testimony where peti- 

tion is presented to borrow money 157 

372. Issuing of bonds in pursuance of centralization 157 

373. How to validate indebtedness created by school directors with- 

out assent of electors 158 



INDEBTEDNESS 143 

PAGE 

374. Duties of corporate authorities. Notice 158 

375. Election. Tickets. Time of holding. Expenses 159 

376. Election to be governed by existing laws 159 

377. When debt shall become valid. Tax to pay debt 160 

378. Recall of bonds irregularly issued 160 

379. Where act shall not apply 160 

380. Adjustment of indebtedness where new districts are formed 

by the erection of boroughs out of townships; where town- 
ship has been merged into more than one boroiigh, etc. 
Court, sitting in equity, to adjust and apportion indebted- 
ness 161 

381; Act of June 24, 1895, constitutional 162 

382. Measure of value of school property in adjusting indebtedness. 162 

383. Court ma}- pass upon the claims of third parties iu adjusting 

indebtedness 162 

384. Court may appoint auditor to report upon adjustment 163 

385. Notice to persons to present claims. Failure to present, etc... 163 

386. Court to make necessary rules for collection and payment of 

the adjusted indebtedness 164 

387. Court may appoint receiver to whom money shall be paid. 

Duties of 164 

388. How indebtedness and balance in the treasury shall be cred- 

ited - 164 

389. Costs, how paid 165 

School board may borrow money. 

346. For the purpose of erecting school houses or pur- 
chasing ground whereon to erect school houses, it shall be 
lawful for the directors or controllers of any district to bor- 
row money at a rate of interest not exceeding six per centum, 
and issue bonds therefor in sums of not less than one hun- 
dred dollars each.' 

Amount of indebtedness limited by the constitution. 

347. The debt, of any county, city, borough, township, 
school district, or other municipality or incorporated dis- 
trict, except as herein provided, shall never exceed seven per 
centum upon the assessed value of the taxable property 
therein, nor shall any such municipality or district incur 
any new debt, or increase its indebtedness, to an amount 
exceeding two per centum upon such assessed valuation of 
property, without the assent of the electors thereof, at a pub- 
lic election in such manner as shall be provided by law.^ 



1. Act May 8, 1854, Sec. 22, P. L. 617. 

2. Constitution of Penna., Art IX., Sec. 8. 



144 COMMON SCHOOL LAW 

No matter how small the excess over the constitutional limitation, 
the increase shall be restrained. 

348. " Defendants claim that the margin is so small 
and insignificant that the right of the plaintiffs to an injunc- 
tion is at best doubtful on their own showing ; but we hold 
that once it is clearly shown a school district has increased 
its indebtedness bej'ond the constitutional limitation an in- 
junction must be allowed. Whether the excess is $100.00 
or $1,000.00 or more makes no diiference." ^ 

Without an election, decree of court authorizing indebtedness over 
two per cent, is null and void. 

349. A decree of court authorizing a school district to 

borrow money to an amount increasing its indebtedness 

more than two per cent, upon the valuation of the property, 

without the assent of the electors, being void, equity will 

enjoin the performance of a contract entered into for the 

purpose of building a school house with the proceeds of 

such loan. 4 

Not a violation of the constitution whereby adjusting indebtedness 
between new and old district an indebtedness exceeding two 
per cent, is charged against one. 

350. ''A decree of the court of common pleas of the 
proper county, sitting in equity, adjusting the indebtedness 
between a new school district and the original district, of 
which it formerly constituted a part, in accordance with the 
provisions of the act of June 24, 1895, P- L. 259, is not in 
conflict with Art. IX., Sec. 8, of the Constitution of Penn- 
sylvania, though the result of such decree may be to charge 
the new district with an indebtedness exceeding two per cent, 
of the assessed valuation of taxable property." ^ 

Resolution of school board to lay an annual tax for support of 
library not an increase of indebtedness under the constitu- 
tion. 

351. The Norristown School Board, at a regular meet- 
ing held May 3, 1901, passed the following resolution : 

" Whereas, Hon. Andrew Carnegie made the following 
proposition: 'If Norristown will provide a suitable site, 



3. Dolan et aL vs. Lackawanna School District, 10 D. R. 694, 1901. 

4. Luburg's Appeal, 23 W. N. C. 454, 1889. 

5. Parker Twp. School District vs. Bruin Boro. School Dist. 13 D. R. 

769, 1 90 1. 



INDEBTEDNESS 145 

and, by ordinance, agree to tax itself to extent of $5,000.00 
a year for the support of library, ... he will be glad 
to give $50,000.00 for a librarj- building ;' 

*' And whereas, the citizens of Norristown and else- 
where, by public subscription, are providing (with other 
money made available) the necessary means to purchase the 
Slingluif property, opposite the high school, at the price of 
^20,009.00 as and for the most suitable site for a new pub- 
lic library ; 

" Therefore, be it and it is hereby resolved by the board 
of school directors of the borough of Norristown, in regu- 
lar meeting assembled, and acting by virtue of the power 
invested in said school board under the act of the Gen- 
eral Assembly of the Commonwealth of Pennsylvania, passed 
June 28, 1895, and supplements, in consideration of the 
offer of the Hon. Andrew Carnegie to give the sum of $50,- 
000.00 for the erection of a public library building, and of 
the donations by those contributing moneys for the pur- 
chase of a suitable site, the same are hereby duly accepted, 
and the said school board agrees annually to lay a tax on the 
valuation of the property assessed for school purposes suf- 
ficient to raise the sum of $5,000.00, which tax shall be 
collectible as the school taxes of the district are at the time 
of collecting the same ; and said sum of $5,000.00 so 
annually collected shall be appropriated for and toward the 
support, maintenance and increase of said free public 
library." 

Among others, the following objections to the tax were 
raised : "The action of the school board constitutes an at- 
tempt not only to impose upon the district a permanent in- 
debtedness without provision for redemption, but an in- 
debtedness in excess of the constitutional liuiit of two per 
cent." 

The court said : "If the action of the school board is 
to be considered as the creation of a debt, then either of the 

reasons assigned would be fatal to the library project 

We are of the opinion that the agreement or resolutiou of the 
school board to levy an annual tax of $5,000.00 for the sup- 
port of a library is not the creation of a debt within the 



146 COMMON SCHOOL LAW 

meaning of any act of assembly or of the constitution. . . . 
The proposition before us is not to create a debt within the 
meaning of the constitution, but to increase the current rev- 
enue of the school district for a lawful purpose, and in an 
amount, as the facts before us disclose, far below the max- 
imum limit stated in the act of 1895. If the time should 
ever come when the assessed valuation of property in the 
Norristown school district should fall below $5,000,000.00, 
and the law should remain as it is now, the levy could not 
exceed one mill. Or, if a future school board should refuse 
to make a levy of any amount for the maintenance of the 
library, we have very little doubt as to the remedy by man- 
damus. But these questions are not before us now. In the 
particular phase of the case now under discussion, the ques- 
tion is, whether by any rule of construction the action of 
the school board can be considered as an increase of debt 
within the inhibition of the constitution. We are clearly 
of the opinion that it is not. " ^ 

What the word ^* indebtedness " shall include. 

352. The word " indebtedness," used in this act, shall 
be deemed, held and taken to include all and all manner of 
debt, as well floating as funded, of the said municipality ; 
and the net amount of such indebtedness shall be ascertained 
by deducting from the gross amount thereof, the moneys in 
the treasury, all outstanding solvent debts, and all revenues 
applicable within one year to the payment of the same.^ 

Calculating assets and liabilities to determine indebtedness. 

353. " In calculating the assets and liabilities of a 
school district to determine whether certain contracts au- 
thorized by the district are unlawful by reason of their in- 
creasing the indebtedness of the district beyond its consti- 
tutional limitation. 

" (a) The commissions and exonerations must be de- 
ducted from the amount claimed as an asset due the district 
from taxes. 



6. Sheetz et aL vs Norristown Boro. School Dist. 11 D. R. 403, 1901. 

7. Act April 20, 1874, Sec. 5, P. L. 65. 



INDEBTEDNESS 147 

" (b) The value of certain lots of the school district, es- 
timated at the amount of allowance which one of the con- 
tractors offers to make for them, if the school district will 
let them go at that price, is too problematic an asset to be 
considered as such. 

" (c) The riglit of the new board to levy a tax for build- 
ing purposes is not an asset. 

" (d) Money due the school district from another school 
district, on an adjustment of the assets and liabilities be- 
tween them, is an asset, although the exact amount thereof 
has not been determined by the auditor appointed for that 
purpose." ^ 
Statement of indebtedness to be published annually. 

354. The corporate authorities of every such munici- 
pality or district shall, annually, in the month of January, 
prepare and publish in at least two newspapers of said mu- 
nicipality or of the county in which the same is situate, if 
so many be printed therein, a statement showing in detail 
the actual indebtedness, the amount of the funded debt, the 
amount of the floating debt thereof, and valuation of tax- 
able property therein, the assets of the corporation, with the 
character and nature thereof, and the - date of maturity of 
the respective forms of funded debt thereof, and a neglect or 
failure so to do shall be a misdemeanor, punishable by fine 
not exceeding one thousand dollars.^ 

Annual tax for the payment of interest and debt required by the 
constitution. 

355. Any county, township, school district, or other 
municipality, incurring any indebtedness, shall, at or be- 
fore the time of so doing, provide for the collection of an 
annual tax sufficient to pay the interest, and also the prin- 
cipal thereof within thirty years. '° 

Debt may be increased by vote, flanner of payment. Statement. 

356. Any county, city, borough, school district or 
other municipality or incorporated district may incur debt. 



8. Dolan et al. vs. L,ackawanua School District, 10 D. R. 694, 1901. 

9. Act April 20, 1874, Sec. 6, P. L,. 65. 

10. Constitution of Penna. , Art. IX., Sec. 10. 



148 COMMON SCHOOL LAW 

or increase its indebtedness to an amount in the aggregate 
not exceeding two per centum upon the assessed value of the 
taxable property therein, as fixed and determined by the last 
preceding assessed valuation thereof; and the corporate au- 
thorities of such municipality may, by a vote thereof duly 
recorded upon its minutes, authorize and direct the incur- 
ring or the increase of such debt to the amount aforesaid, 
and may issue coupon bonds or other securities therefor in 
sums not less than one hundred dollars each, bearing inter- 
est at a rate not exceeding six per centum per annum, pay- 
able semi-annually, and the principal thereof reimbursable 
at a period not exceeding thirty years from the date at 
which the same is authorized ; and an annual tax com- 
mencing the first year after such debt shall be increased or 
incurred sufficient for the payment of the interest thereon, 
and the principal of such debt within a period not exceed- 
ing thirty years from the date of such increase shall be 
forthwith assessed. Before issuing any such obligation or 
security, it shall be the duty of the principal officer or of- 
ficers of such municipality or incorporated district to pre- 
pare a statement, showing the actual indebtedness of such 
district, the amount af the last preceding assessed valuation 
of the taxable property therein, the amount of debt to be in- 
curred, the form, number and date of maturity of the obli- 
gations to be issued therefor, and he shall make and append 
thereto his oath or affirmation of the truth of the facts 
therein stated, and shall file the said statement in thfe office 
of the clerk of the court of quarter sessions of the proper 
county ; upon failure so to do, he shall be guilty of a mis- 
demeanor, and on conviction thereof shall be punished as 
provided in the first section of this act. Certified copies of 
the record of such statement under the seal of said court 
shall be competent evidence in all the courts of this Com- 
monwealth : Provided, That the bonds shall not be sold at 
less than their par value.'' 



Act April 13, 1897, p. L. 17. amending Sec. 2, Act April 20, 1874, 
P. L. 65. 



INDEBTEDNESS 149 

Provisions of tlie acts providing for an increase of indebtedness 
must be strictly complied with. 

357. "The provisions of the act of April 20, 1874 (and 
amendments), for increasing an indebtedness of a school 
district exceeding two per cent, of its assessed valuation, must 
be strictly complied with. The absence of a valid^n'otice of 
an election upon the question of iricrease of indebtedness,' 
as required By the adt of 1874, tlie oifiission of thd school 
board to levy dn annual tax to pdiy the interest, 'etci, "as re-^ 
quired by 'Sec.' 10, Art. IX., of the 'Constitution, and the 
failure to file' a statement showing^ the indebtedness, etc.,"a^ 
required by the act of 1874, will prevent the issuing of 
bonds. 

"The spirit of the act of 1874 requires publication of 
notice of such election to be weekly for the thirty days im- 
mediately preceding the election." '^ 

Statement must show ♦' actual indebtedness." 

358. The evident .legislative intent, permeating the en- 
tire statute law on the subject of municipal debt, is that it 
shall not be done in the dark — that the people who pay are 
entitled to know what they are paying for. And so, the 
statement required to be published at the end of the fiscal 
year must show the indebtedness in detail, and that re- 
quired to be filed in the office of the clerk of quarter ses- 
sions must show, not the probable amount of indebtedness 
as guessed at, but the " actual indebtedness " as ascertained. 
What that is lies, or should lie, peculiarly within theknowl- 
edsfe of the school directors. Where the correctness of their 
filed statement in this regard is attacked, the burden is, 
therefore, upon them to support it ; and when, as here, the 
evidence develops the fact that the directors did not know 
what the " actual indebtedness " of the district was, it is 
sufficiently obvious that they could not, and hence did not, 
file a statement "showing the actual indebtedness of su'ch 
district " as required by law, and, therefore, have no author- 
ity to issue the bonds in question." 13 ■ • 



12. Witherop vs. Titusville School Board et al., 7 Pa. C. C. 431, 

13. Mason vs. School District, 10 Kulp 563, 1890. 



I50 COMMON SCHOOL LAW 

A board of school directors shall not be enjoined 
from incurring a debt which they deny will exceed the legal 
amount and the proofs fail to disprove it.''* 
Notice of election on question of increase. Statement. Election. 

359. The indebtedness of any county, city, borough, 
township, school district or other municipality or incor- 
porated district in this Commonwealth, may be authorized 
to be increased to an amount exceeding two per centum, and 
not exceeding seven per centum, upon the last preceding as- 
sessed valuation of the taxable property therein, with the 
assent of the electors thereof, duly obtained at a public elec- 
tion to be held in the said district or municipality. When- 
ever the corporate authorities of any county, city, borough, 
township, school or other municipality or incorporated 
district, by their ordinance or vote shall have signi- 
fied a desire to make such increase of indebtedness, they shall 
give notice during at least thirty days, by weekly advertise- 
ments in the newspapers, not exceeding three in said dis- 
trict ; and if no newspaper be published therein, by at 
least twenty printed hand bills posted in the most public 
parts thereof, of an election to be held at the place or places 
of holding the municipal elections in said district or munic- 
ipality on a day to be by them fixed, for the purpose of ob- 
taining the assent of the electors thereof to such increase of 
indebtedness. 

Said notice shall contain a statement of the amount of 
the last assessed valuation, of the amount of the existing 
debt, of the amount and percentage of the proposed increase, 
and for the purposes for which the indebtedness is to be in- 
creased. Such election shall be held at the place, time and 
under the same regulations as provided by law for the hold- 
ing of municipal elections, and it shall be the duty of the 
inspectors and judges of such elections to receive tickets, 
either written or printed from electors qualified under the 
constitution of this state to vote in such district, labeled on 
the outside, " Increase the debt," and containing in the in- 



14. Richards vs. Joyce, 8 Kulp 572, 1897. Wharton et al. vs. School 
Directors, 42 Pa. 358, 1862. McKean et al. vs. Brown et al. 3 
Kulp 266, 1882. 



INDEBTEDNESS 151 

side the words, " 110 increase of debt," or " debt may be in- 
creased ; " also briefly, the purpose and amount of increase, 
and to deposit said ticket in a box provided for that pur- 
pose, as is provided by law in regard to other tickets re- 
ceived at said election ; and the tickets so received shall be 
counted, and a return thereof made to the clerk of the court 
of quarter sessions of the proper county, duly certified, as is 
required by law, together with a certified copy of the ordi- 
nance and the advertisement; and the said clerk shall make 
a record of the same, and furnish a certified copy thereof, 
iindei seal, showing the result, to the corporate authorities 
of such municipality, and the same shall be placed of record 
upon the minutes thereof The corporate authorities of 
such municipality shall, in all cases, fix the time of holding 
such election on the day of the municipal or of the general 
election, unless more than ninety days elapse between the 
date of the ordinance or vote desiring such increase, and the 
day of holding the said municipal or general election. If 
any other day be fixed for such election, the expense of 
holding the same shall be paid by the municipality for the 
benefit of which it shall be held. In receiving and count- 
ing and in making returns of the votes cast, the inspectors, 
judges and clerks of said election shall be governed by the 
laws of this Commonwealth regulating municipal elections ; 
and the vote shall be counted by the court as is now pro- 
vided by general laws governing municipal elections, and 
all the penalties of the said election laws for the violation 
thereof, are hereby extended to, and shall apply to the voters, 
inspectors, judges and clerks voting at and in attendance 
upon the elections under the provisions of this act.'s 

Result of election. If for increase, tax to be levied for payment. 

360. Whenever, by the returns of such election, it shall 
appear that there is a majority voting for " no increase of 
debt," such increase shall not be made. Nor shall any other 
election upon the same subject be held in that municipality 
for one year from the date of such preceding election. If the 



15. Act June 9, 1891, P. h. 252, amending Sec. 3, Act April 20, 1874, 
P. L. 65. 



152 COMMON SCHOOL LAW 

return of such election shall show a majority voting that 
"debt may be increased," the corporate authorities of the 
piunicipality may increase the same to, the ,amoun.t nam^d 
and specified in the notice given for the holding of suc^ 
election for increasing indebtedness, to an amount not ex- 
ceeding two per centum, inclu.diug the sworn. statement to 
be filed in the office of the court of quarter sessions of the 
proper county ; and they shall, before issuing any obliga- 
tions therefor, assess and levy an annual tax, the collection 
whereof shall commence the first year after the said increase, 
jvhich tax shall be equal to and sufficient for and appljed 
exclusively to the payment of the interest and the principal 
of such debt within a period not exceeding thirty years from 
the date of such increase ; and the moneys arising from such 
tax shall be applied, at such periods as the municipality 
thay stibulate in such obligations, to the redemption, at par^ 
of the said outstanding obligations according to their terms.'^ 

A^ct of April 18, 1895, limited increase of debt at any time to two 
per cent. 

. 3.61;. Under the act of April 18, 1895, P. h. 36, a mu- 
nicipality can only increase its indebtedness at any one time, 
at any election, by an amount not over two per centum, by 
a vote of the people.''' 

Bonds may be redeemed before or after maturity with consent of 
holders. 

362. In all cases where any school district, or school 
directors of any such district, in this Commonwealth has, by 
virtue of any law or any general or special act of assembly 
of this Gpmmon wealth, issued bonds, either with or without 
interest coupons attached, certificates or any other evidences 
of indebtedness, to secure any indebtedness of any such 
^chool district, it shall be lawful for the school directors, or 
proper officers of any such school district, to redeem any or 
all of thebonds, certificates or any other evidences of indebted- 
ness so issued as aforesaid, before or after maturity thereof. 



16. Act April 18, 1895, P. L. 36, amending Sec. 4, Act April 20, 1874, 

P. L. 65. 

17. But see Act of March ir, 1897, Sec. i, P. L. 53- 



INDEBTEDNESS , 1 53 

with the consent of the holders thereof, and for the purpose 
of redeeming or paying any such bonds, certificates or other 
evidences of indebtedness, to issue new bonds therefor, pay- 
able at any time not exceeding twenty years after the date 
thereof, at the same or any lower rate of interest, with or with- 
out interest coupons attached, and not exceeding in the ag- 
gregate amount the amount of the bonds, certificates or 
other evidences of indebtedness, so redeemed or paid.'^ 

Refunding and redemption of existing indebtedness, incurred prior 
to April 20, 1875. 

363. The existing indebtedness of any county, city, 
other than tliose of the first or second class, borough, school 
district, or other municipality or incorporated district, with- 
in this Commonwealth, evidenced by outstanding bonds, 
certificates, or notes issued prior to the twentieth day of 
April, Anno Domini one thousand eight hundred and 
seventy-five, may be provided for as the same shall mature 
by an issue to the holders of such outstanding bonds, cer- 
tificates or notes, of bonds or certificates in lieu thereof, if 
they shall agree to receive the same, or by the issue and sale 
at not less than par, of bonds or certificates in lieu of in- 
debtedness outstanding on the said twentieth day of April, 
Anno Domini one thousand eight hundred and seventy-five, 
except as hereinafter provided : Provided, That such bonds 
or certificates shall bear interest, at a rate not exceeding six 
per centum per annum, and may be issued redeemable at 
the pleasure of the obligators at any time fixed by them 
within twenty years from the date thereof; and it shall be 
the duty of the proper corporate authorities of such munici- 
pality or incorporated district, to assess and levy a special 
annual tax not exceeding five mills on the dollar on the as- 
sessed valuation thereof, immediately after the passage of 
this act, to pay such bonds or certificates reissued or issued 
and sold as aforesaid and which shall be sufficient for, and 
applied exclusively to, the payment of the interest and prin- 
cipal of such bonds and certificates within a period not ex- 
ceeding twenty years from the date of such bonds and cer- 



18. Act May 10, 1881, P. L. 16. 



154 COMMON SCHOOL LAW 

tificates so reissued or issued and sold : Provided, further, 
That the provisions of this act shall not be so construed 
as to authorize a reissue of any bonds or certificates which 
were issued, the legality and validity of which is now ques- 
tioned by legal proceedings in any of the courts of the Com- 
monwealth : And provided, further, That said reissued 
bonds shall not be liable to local taxation : And provided, 
further, That this act shall apply to municipalities the 
amount of whose legal indebtedness is limited in their re- 
spective charters of incorporation and supplement thereto 
as well as those not so limited. '^ 

Bonds issued since the i8th day of April, 1895, validated. 

364, All bonds or other obligations of any county, city, 
borough, township, school district or other municipality or 
incorporated district within this Commonwealth, issued with 
the consent of the electors of such county, city, borough, 
township, school district or other municipality or incorpo- 
rated district, in conformity with the requirements of the 
law, except that the same have been issued since the eigh- 
teenth day of April, Anno Domini one thousand eight hun- 
dred and ninety-five, in amounts in excess of two per centum 
of such last assessed valuation, be and the same are hereby 
made valid legal obligations of the respective county, city, 
borough, township, school district or other municipality or 
incorporated district, which has issued the 3ame, and that 
the said respective county, city, borough, township, school 
district or other municipality or incorporated district shall 
be and is bound for the payment in full of said bonds or 
other obligations according to the tenor thereof^" 

Bona fide purchasers of school bonds or other securities. School 
district cannot deny statement to repudiate bonds. 

365. " Where the president of a school board files with 
the clerk of quarter sessions of the county a sworn state- 
ment, showing the assessed valuation of taxable property in 
the district and the amount of its indebtedness, and that the 



19. Act May 8, 1876, P. L. 128. 

20. Act May 19, 1897, P. L. 76. 



INDEBTEDNESS 1 55 

provisions of the act of April 20, 1874, P. L. 65, and its 
supplement of April 13, 1897, P. L. 17, have been complied 
with, the school district is estopped from setting up that the 
bonds were not issued in accordance with the provisions of 
the acts, as against a bona fide holder for value, who pur- 
chased them in reliance upon the facts set forth in the state- 
ment." ^' 

Where debt Is lawful, though some provisions of the act not com= 
plied with, court will protect innocent purchasers of bonds. 

366. When a school district issues bonds, payable out 
of assessments on property, and subsequently the assess- 
ment is declared illegal, the illegality of the assessment does 
not relieve the district from liability on the bonds." 
illegality of assessment does not invalidate bonds. 

367. A school district, desiring to borrow money for 
the purpose of erecting school houses or purchasing grounds 
whereon to erect school houses, must advertise in two news- 
papers for at least four weeks their intention to apply to the 
court of common pleas for its approval, as required by the 
act of April 21, 1871, P. L. 241, and procure the decree of 
the said court, before said district can file its statement in the 
office of the clerk, issue its bonds and levy the tax. But if 
the bonds have been issued without such proceedings and 
sold to innocent purchasers, if the debt so created is lawful 
and no proceedings have been instituted, until nearly three 
months after the sale of such bonds to restrain such issue, 
the court will decree the issue of such bonds, /n/nc pro tuiic^ 
when the statement is presented with all the formalities re- 
quired by the acts of assembly. '^ 

Court of common pleas has authority to authorize debt under act 
of 1871. 

368. The several courts of common pleas of this Com- 
monwealth shall have power to authorize the school direc- 



21. Parker Twp., School Dist. vs. Bruin Boro. School Dist. 13 D. R. 

769, 1901. 

22. Parker Twp. School Dist. vs. Bruin Boro. School Dist. 13 D. R. 769, 

1901. 

23. Phila. and Reading Coal and Iron Co. vs. Porter Twp. School Dist. 

14 D. R. 581, 1905. 



156 COMMON SCHOOL LAW 

tors, of any school district within their respective jurisdic- 
tions, to borrow money for the purpose of erecting school 
houses, to an amount not exceeding five per centum upon 
the last preceded adjusted tri-ennial valuation of the prop- 
erty of said school district ; and the said court may decree 
that such moneys shall be raised by bonds, mortgages or 
other security, at any rate not exceeding eight per centum, 
free from all taxation, and reimbursable at any period not 
exceeding twenty years from the date of such decree : Pro- 
vided, That before exercising jurisdiction of the petition of 
the board of school directors, or a majority thereof for such 
decree, the said board shall produce to the court the con- 
sent, in writing, of a majority in number of the qualified 
electors of such district : And provided further, That no 
such decree shall be made until notice by advertisements in 
two papers of said county, if so many shall be therein pub- 
lished, shall have been given by the said board of directors, 
during at least four weeks, of their intention to make ap- 
plication for such decree. ^'^ 
Power of the court of common pleas to adjust indebtedness. 

369. That the proviso of the act giving the courts of 
common pleas of this Commonwealth power to authorize 
school directors to borrow money, which requires them to 
produce to said court the consent, in writing, of a majority 
in number of tlie qualified electors of the district for whose 
use the money is wanted, be and the same is hereby re- 
pealed. ^s 

The act of 1871, above quoted, not repealed by the act of 1874. 

370. " It was decided by this court, in an opinion filed 
by the late lamented Judge Cyrus L. Pershing, in the case 
of the City of Philadelphia vs. West Mahanoy Township 
School District (not reported), that the act of 1874 does not 
repeal the prior acts relating to school districts. 

" If the act of 1874 did not repeal the act of 1868, 
neither, in our judgment, did it repeal the provisions of the 
school law, which expressly declares for what purposes and 



24. Act April 21, 1871, P. I/. 241. 

25. Act April 7, 1873, P. L,. 64. 



INDEBTEDNESS I 57 

in what way a debt may be created, and it is still necessary 

for the district desiring to borrow money for either of the 

two purposes mentioned in the act of 1854, to advertise in 

two newspapers for at least four weeks of their intention to 

apply to the court of common pleas for their approval, and 

procure the decree of the said court before said district can 

file its statement in the office of the clerk, issue its bonds 

and levy the tax." ^^ 

Court may appoint an examiner to take testimony where petition 
is presented to borrow money. 

371. On an application by school directors for permission 
to borrow money, it is lawful for the court to appoint an ex- 
aminer to take testimony as to the facts alleged in the peti- 
tion and remonstrance, and upon his report being filed, to 
direct the payment of a reasonable allowance for his services. 

The school district may be directed to pay the allow- 
ance in the first instance, although the report of the exam- 
iner is favorable to the petition of the directors.'^ 
Issuing of bonds in pursuance of centralization. 

372. Should the board of school directors deem it 
necessary to issue bonds to purchase a site or sites, or erect 
a building or buildings, for the purpose of such centraliza- 
tion, then the election shall be conducted as provided in 
section three of this act, but in such case the ballots shall 
also have printed thereon : For levying a tax to purchase 

site (or sites) and erect building (or buildings) 

for the centralization of schools, at a cost not to exceed 

$ Yes, For levying a tax to purchase site 

(or sites) and erect building (or buildings) for the cen- 
tralization of schools, at a cost not to exceed $ No; 

and if more votes are cast in favor of levying said tax for 
said purpose than against said proposition at such election, 
it shall be the duty of the said board of school directors, and 
the board of school directors is authorized to issue bonds 
and sell the same as provided by law, and to levy a special 
tax to provide for the payment of the same, together with 



26. Phila.and Reading Coal and Iron Co. vs. Porter Twp. School Dist., 

14 D. R. 581, 1905. 

27. In re School Directors, 3 Kulp 59, 1884. 



158 COMMON SCHOOL LAW 

interest thereon, provided said levy shall not in any one 

year exceed five mills on the dollar valnation, and said 

bonds shall not bear more than five per centum interest, 

and shall not be sold at less than their face value. ^^ 

How to validate indebtedness created by school directors without 
assent of electors. 

373. That whenever any school district in any 
borough or township of this Commonwealth shall have 
heretofore created an indebtedness for a lawful purpose, by 
action of the legal and proper officers thereof, such indebt- 
edness being within the constitutional limit of seven per 
centum and in excess of two per centum of assessed 
valuation of such school district, and not having first 
obtained the assent of the electors thereof in favor of in- 
creasing such indebtedness as provided by law, it shall be 
lawful for the proper officers of such school district to cause 
to be submitted to the electors of such district the question 
of validating and giving binding force to such indebtedness 
theretofore attempted to be created.^'' 

Duties of corporate authorities. Notice. 

374. The corporate authorities of any such school 
district may, by resolution, signify their desire to validate 
and give binding force to such indebtedness, whereupon it 
shall be their duty to give notice during at least thirty days 
by weekly advertisements in the newspapers, not exceeding 
three in said district ; and if no newspaper be published 
therein, by at least twenty handbills posted in the most pub- 
lic parts thereof, of an election to be held at the place or 
places of liolding the municipal elections, in which such 
school district may be, on a day to be by them fixed, for the 
purpose of obtaining the assent of the electors thereof, to 
the making valid and giving binding force to such increase 
of indebtedness. Said notice shall contain a statement of 
the amount of the last assessed valuation, of the amount of 
the existing debt, of the amount and percentage of the in- 
crease proposed to be made valid, and of the purposes for 
which the indebtedness was created and the money used.3° 

28. Act of April 25. 1901, Sec. 4, P. L. 105. 

29. Act June 10, 1897, Sec. i, P. L. 139. 

30. Act June 10, 1897, Sec. 2, P. L. 139. 



INDEBTEDNESS 1 59 

Election. Tickets. Time of holding. Expenses. 

375. Such election shall be held at the place and time 
and under the same regulations, as provided by law for the 
holding of municipal elections, and it shall be the duty of the 
inspectors and judges of such election to receive tickets, either 
written or printed, from electors qualified under the consti- 
tution of this state to vote in such district, labeled on the 
outside ''increased debt," and containing in the inside the 
words "in favor of debt as already increased." or "against 
debt as increased," and to deposit said tickets in a box pro- 
vided for that purpose as is provided by law in regard to 
other tickets received at said election ; and the tickets 
so received shall be counted and return thereof made 
to the clerk of the quarter sessions of the proper county, 
duly certified, as is required by law, together with 
a certified copy of the resolution and the advertisement ; 
and the said clerk shall make record of the same and fur- 
nish a certified copy thereof, under seal, showing the result, 
to the corporate authorities of such school district, and the 
same shall be placed of record upon the minutes thereof 
The corporate authorities of such school district shall in all 
cases fix the time of holding such elections on the da\- of 
the municipal or of the general election, unless more than 
ninety days elapse between the date of the resolution or vote 
desiring such increase and the day of holding the said mu- 
nicipal or general election. If any other day be fixed for 
such election the expense of holding the same shall be paid 
by the school district for the benefit of which it shall be 
held.3' 

Election to be governed by existing laws. 

376. In receiving and counting and making return of 
the votes cast, the inspectors, judges and clerks of said election 
shall be governed by the laws of this Commonwealth regu- 
lating municipal elections, and the vote shall be counted 
by the court as is now provided by general laws governing 
municipal elections ; and all the penalties of said election 
laws for the violation thereof are hereby extended to and 

31. Act June 10, 1897, Sec. 2, P. h. 139. 



l6o COMMON SCHOOL LAW 

shall appl}- to tlie voters, inspectors, judges and clerks 
voting at and in attendance upon the elections held under 
the provisions of this act.^^ 
When debt shall become valid. Tax to pay debt. 

377. Whenever, by the returns of such election, it 
shall appear that a majority of the votes cast is in favor 
of making valid the increased debt, such debt shall there- 
upon become valid and of binding force ; but the proper 
authorities in said school district shall, before issuing any 
obligations therefor, assess and levy an annual tax, which 
tax shall be equal to at least eight per centum of the amount 
of such increased debt, and which shall be sufficient for and 
be applied exclusively to the paying of the interest and 
principal of such debt within a period not exceeding thirty 
years from the date of such increase, and the moneys arising 
from such tax shall be applied annually, as far as the same 
may accumulate, to the redemption at par of said outstand- 
ing obligation. 33 

Recall of bonds irregularly issued. 

378. Where any school district in any borough or 
township has heretofore issued bonds or other evidences 
of indebtedness, without having first submitted the ques- 
tion of increasing the indebtedness to the electors of the dis- 
trict, when such submission was made necessary by law, 
such bonds or other evidences of indebtedness shall be re- 
turned and canceled before the issuance of other bonds or 
evidences of indebtedness made valid by such election as 
hereinbefore prescribed. ^^ 

Where act shall not apply. 

379. The provisions of this act shall not apply to any 
case where, by judicial decision, the bonds of any school 
district shall have been declared invalid.^s 

All acts or parts of acts inconsistent herewith are 
hereby repealed.^^ 



32. Act June 10, 1897, Sec. 2, P. L,. 139. 

33. Act June 10, 1897, Sec. 3, P. L. 139. 

34. Act June 10, 1897, Sec. 4, P. L. 139. 

35. Repeal Act June 10, 1897, Sec. 5, P. L. 139. 

36. Act June 10, 1897, Sec. 6, P. L. 139. 



INDEBTEDNESS l6l^ 

Adjustment of indebtedness where new districts are formed by the 
erection of boroughs out of townships ; where township has 
been merged into more than one borough, etc. Court, sit= 
ting in equity, to adjust and apportion indebtedness. 

380. Whenever any school district has been or niay 
hereafter be formed as aforesaid,^'' or whenever any school dis- 
trict has been or may hereafter be entirely merged into more 
than one school district as aforesaid, 3^ any court of common 
pleas, of the proper county, sitting in equity, shall have 
power, upon the application of any one or more creditors of 
the school district or districts of said township or townships, 
or upon the application of the proper authorities of thescliool 
district or districts of any said township or townships, bor- 
ough or boroughs, or either of them, by a suit or suits in 
equity, to ascertain the indebtedness of the school district or 
districts of the said township or townships at the time of 
the formation of each of the school districts of said boroughs 
respectively, and to equitably adjust and apportion said in- 
debtedness between the school district or districts of said 
township or townships and borough or boroughs, and be- 
tween tlie several school districts of the boroughs into which 
any township shall have become merged, as aforesaid, and 
where any school, real estate and movable property belong- 
ing to the school district or districts of said township or 
townships are or shall be within the bounds of any such 
new district. Tlie said court shall further determine, on 
hearing, whether an undue proportion of the real estate and 
movable property belonging to the old district or districts 
are within the bounds of the new district and, if so, how 
much money shall be paid therefor by the new to the old 
district or districts, and the court shall thereupon decree the 
proportion of said indebtedness which each of said school 
districts shall pay and the amount of money, if any, which 
the new district shall pay to the old district or districts for 
any undue proportion of the school property within the 
bounds of such new district. In making said adjustment 



Note.— See Supra, vSec. 37, p. 14, CHANGES IN SCHOOL DIS- 
TRICTS, Sec. I, Act June 24, 1S97, P. L. 259. 

Note.— See Supra, Sec. 38, p. i4, CHANGES IN SCHOOL DIS- 
TRICTS, Sec. 2, Act June 24, 1895, P. L. 259. 



l62 COMMON SCHOOL LAW 

as applied to each of said new school districts reference shall 
be had to the time of the formation of such new school dis- 
trict and to the debts existing at the end of the current 
school year in which it was formed, whether since paid or 
not, and also to the several amounts of school taxes then 
unexpended and the said adjustment shall be based upon 
the assessment of said township or townships for the year 
in which such new district was formed : Provided, That 
in ascertaining said indebtedness, neither pending actions 
nor claims against the school district or districts of said 
township or townships, founded on tort, shall be included, 
unless the same shall in the meantime have been prosecuted 
to final judgment.3'? 
Act of June 24, 1895, constitutional. 

381. It is not in conflict with Article I., Sec. 6 of the 
constitution, providing that trial by jury shall be as hereto- 
fore and the right thereof remain inviolate.^" 

Measure of value of school property in adjusting indebtedness. 

382. Where a division of property is to be made be- 
tween two school districts created by the erection of a new 
district out of part of an old one, the proper ratio of distri- 
bution is the assessed values of taxable property in the re- 
specti\e districts. 

In determining the value of school buildings the aud- 
itor should value them by evidence of what they are worth 
as school houses, provided they are worth more for that than 
any other purpose. The mere market value is not the 
test.-*' 

Court may pass upon the claims of third parties in adjusting in= 
debtedness. 

383. "Does the act of 1895 authorize the court to de- 
termine the rights of third parties and adjust their indebted- 
ness as against the municipalities ? At first blush, it 
seemed not, and upon the argument we were of the opinion 



39. Act June 24, 1S95, Sec. 3, P. L. 259. 

40. Parker Twp. School Dist. vs. Bruin Boro. School Dist. 13 D. R. 769, 

1901. 

41. Darby vs. Sharon Hill, 2 D. R. 485, 1892. 



INDEBTEDNESS 1 63 

that it could not. But after examination the authorities were 
convinced that the act of assembly gives that power. The 
School District of Parker Township has invoked the power 
of the court sitting in equity to adjust the indebtedness be- 
tween it and the School District of Bruin Borough. 

" We took jurisdiction, and have spent many days in at- 
tempting to do what was requested by the plaintiff; must 
we now suspend until the courts of law can dispose of the 
contentions of third parties with the school districts ? We 
think not. It would be an affectation of learninsf to cite 
cases that hold when a court of equity once has a case with- 
in its grasp, it not only has the power but it is its duty to 
dispose of all questions arising in the case." ^^ 

Court may appoint auditor to report upon proper adjustment. 

384. Where a borough is created out of part of the ter- 
ritory comprised in another borough, the court of quarter 
sessions has jurisdiction, under the act of June i, 1887, P. 
h' 285, to appoint an auditor to report upon the proper 
adjustment of the property and indebtedness of the school 
districts of the two boroughs.'*^ 

Notice to persons to present claims. Failure to present claims, etc. 

385. Three months public notice shall be given under 
the order of said court to all persons having claims against 
the school district or districts of said townshp or townships, 
excepting claims in pending actions and claims founded on 
tort, as aforesaid, to present the same on or before the day 
therein named, and all persons not presenting their said 
claims on or before the said day shall be forever debarred 
from enforcing collection of the same, said notice to be piib- 
lished in not less than two newspapers of the proper county, 
if there are so many printed in said county, or if there 
he but one newspaper printed therein, then said notice shall 
be printed in the same and shall be published in any other 
manner directed by the said court : Provided however, 



42. Parker Twp. School Dist. vs. Bruin Bore. vSchool Dist. , 13 D. R. 769, 

1901. 

43. Darby Borough School District's Appeal, 160 Pa. 79, 1894. See 

Darby vs. Sharon Hill, 2 D. R. 485, 1892. 



l64 COMMON SCHOOL LAW 

That no owner or holder of any bond or bonds of any such 
school district shall, for any failure to present or make 
proof of the same as aforesaid, be precluded or debarred 
thereby from enforcing collection of the same.'^^ 

Court to make necessary rules for collection and payment of the 
adjusted indebtedness. 

386. The said court shall have power to make all need- 
ful rules, orders and decrees in the premises, and for the col- 
lection and payment by the school district or districts of 
said township or townships, borough or boroughs of the share 
of said indebtedness, respectively, apportioned to them, and 
of any sum of money decreed to be paid by an)- such new 
district to the school district of any township from which 
it was formed for any undue proportion of school property 
within the bounds of such new district, and may order the 
proper officers of the school district or districts of any said 
township or townships, borough or boroughs, or of either 
of them, to collect, by special taxation, an amount sufficient 
to pay the same, either in any one year or by annual in- 
stallments, as to the court shall appear just and reason- 
able.45 

Court may appoint receiverto whom money shall be paid. Duties of. 

387. The said court shall have power, in its discretion, 
to appoint a receiver to whom the money due on account 
of indebtedness from each school district for the purpose 
aforesaid shall be paid, and it shall be his duty to pay over 
the amount so received by him to the holders of said in- 
debtedness in such order or in such proportions as the court 
shall direct, and in case of any special taxation in any said 
school district, or in all of them, being ordered for or on ac- 
count of any indebtedness as aforesaid, the collector of said 
special tax shall pay the same directly to said receiver.'^^ 
How indebtedness and balance in the treasury shall be credited. 

388. The school district of each borough, in any of the 
cases aforesaid, shall be credited with the proper share of 



44. Act June 24, 1895, Sec. 4, P. L. 259. 

45. Act June 24, 1895, Sec. 5, P. L. 259. 

46. Act June 24, 1895, Sec. 6, P. L. 259. 



INDEBTEDNESS I 65 

such indebtedness due to the school district or districts of 
said township or townships at the time of the formation of 
such borough district, as shall have since been collected, 
and shall likewise be credited with its proper share of any 
unappropriated balance in the treasury of the school district 
or districts of said township or townships at the end of the 
current school year during which such borough district 
shall have been formed, and the said court shall have like 
power to equitably adjust and apportion the same.^^ 

Costs, how paid. 

389. The costs of said proceedings shall be paid by the 
school districts of the said several townships and boroughs 
in such proportions as the said court shall adjudge, and 'the 
orders and decrees of the said court in such proceedings may 
be enforced by attachment.'^^ 



47. Act June 24, 1895, Sec. 7, P. Iv. 259. 

48. Act June 24, 1895, Sec. 8, P. L. 259. 



CHAPTER XVII. 

TAXATION. 

PAGE 

390. Pennsylvania constitutional provision 168 

391. School board to determine the amount of tax 168 

392. Tax to be levied but once a year 168 

393. Legal requirements as to determining tax 169 

394. Tax levy. Time of making the levy 169 

395. Resolutions and proceedings of the board should appear upon 

the minutes 170 

396. No tax to be levied by directors, except by affirmative vote of 

a majority. Votes. Minutes 172 

397. The courts demand a substantial compliance with all the pro- 

visions of the act 1 72 

298. Amount of tax and kind of taxables 173 

399. Amount of tax not to exceed the sum of state and county tax.. 173 

400. County comriissioners to furnish adjusted valuation 174 

401. School tax limited I74 

402. Construction of 29th section of Act May 8, 1854 174 

403. School directors to levy a per capita tax of one dollar 175 

404. Collection 175 

405. Per capita tax to be in lieu of occupation tax 175 

406. Occupation tax, per capita tax, implied repeal of statutes, 

Acts 1862. 1897 175 

407. Subjects not taxable 176 

408. Tax on trust property 177 

409. Property held for use of minors residing in another state 177 

410. Exonerations 177 

411. Purposes for which ordinary school tax may be used 178 

412. Surplus of ordinary school tax may be used for payment of 

debts for building purposes 178 

413. Special tax for building purposes 179 

414. Can only be levied when there is an ordinary tax levy 179 

415. It must appear that tax was authorized and legal 180 

416. Not to be levied during division of district 180 

417. Ordinary tax and building tax to be kept separate 180 

418. Special tax must be devoted soleh' to purposes for which au- 

thorized 181 

419. vSpecial levy, mandamus, Act of 1835 181 

420. Building tax cannot be diverted to ordinary school purposes... 181 

421. Building tax cannot be levied for ordinary repairs 182 

422. May be used to lease a building for school purposes 183 

423. If excess tax be levied, collection will be enjoined 185 

424. Misappropriation by directors will render them personally 

'liable 186 

425. Taxation for purposes of library 186 

426. Cannot be levied to pay for purchase of library already pur- 

chased 186 

427. Lien of taxes 187 

428. When and how claims must be filed 187 



TAXATION 167 

PAGE 

429. Assessment of taxes, county commissioners to furnish copy of 

last adjusted valuation 187 

430. Additional assessment, persons subsequently moving in dis- 

trict 188 

431. Assessment in new districts 188 

432. Assessment in independent districts 188 

433. Fraudulent assessment a misdemeanor 189 

434. Assessment in cities of the third class 189 

435. Collection of taxes in boroughs and townships. Election of 

tax collector 189 

436. Tax collector's bond. Renewal, Act June 6, 1893 190 

437. Vacancies, how filled 190 

438. Filling vacancies under Act Jul}' 2, 1895 190 

439. Collector to give bond and be sworn 191 

440. When duplicate to be issued 191 

441. Powers and liabilities of collectors 191 

442. Book to be kept and subject to inspection 191 

443. Public notice to be given, term of payment 192 

444. Collectors may levy upon goods for unpaid taxes, and im- 

prison delinquent where no goods 192 

445. Collector may sue delinquent for recovery of unpaid taxes 193 

446. Days and times fixed for payment 193 

447. Compensation of collectors 194 

448. Exonerations 194 

449. Collectors to make monthly statements and payments 194 

450. Board of school directors and collector shall meet together an- 

nually 195 

451. Directors liable for unlawful settlement 196 

452. Failure to make monthU' statement and payment a misde- 

meanor 196 

453. Collector to pay taxes collected to officers legally entitled 196 

454. Misappropriation of tax fund, embezzlement 196 

455. Judgment against collector for amount due from him 197 

456. Section 13, Act April 11,1862, not affected by Act June 25, 

1885 197 

457. Settlement of accounts by borough auditors 198 

458. Suit on bond cannot be entered until after settlement by 

auditors 198 

459. Suit on bond properly brought in assumpsit 198 

460. Collector bound by auditor's settlement where he does not 

appeal 199 

461. Taxes charged on unseated lands 199 

462. Effect of repealing clause of Act of June 25, 1885 199 

463. The Act of June 25, 1885, does not repeal the Act of 1854 199 

464. The Act of June 25, 1885, is constitutional 200 

465. Collection of taxes in cities of the third class 200 

466. Treasurer of cities of the third class, shall ex-officio be school 

treasurer 200 

467. Levying taxes in cities of the third class 201 

468. School taxes to be collected 201 



1 68 COMMON SCHOOL LAW 

Pennsylvania constitutional provision. 

390. The Constitution, Article X., Sec. i, requires the 
General Assembly to provide " for the maintenance and 
support of a thorough and efficient system of public 
schools." Taxation is one of the means adopted to effect 
this purpose. 

School board to determine the amount of tax. 

391. The school directors or controllers of every dis- 
trict shall annually, before the ist of July/ and by votes of 
not less than a majority of the members of the board, de- 
termine the amount of school tax which shall be levied on 
their district for the ensuing school year, which shall, to- 
gether with such additional sums as the district may be en- 
titled to receive out of the state appropriation, and from 
other sources be sufficient and necessary to keep the schools 
of the district in operation not less than seven ^ nor more 
than ten months in the year, provided that the length of 
the annual term may remain as at present in'districts where 
the maximum amount of tax allowed by law to be levied 
for school purposes, together with the amount of state ap- 
propriation to which the said districts are entitled, shall be 
found insufficient to keep the schools open a greater length 
of time than six months.^ 

Tax to be levied but once a year. 

392. The answer of the board of directors in proceed- 
ings had against them to restrain them from levying a sec- 
ond tax during the same year, set forth that " The term for 
the school year had been fixed at ten months, and teachers 
employed for that term. New school buildings were 
erected, and, subsequent to the June levy, the roof of the 
school building was found to be in bad repair. Severe 
storms occurred and injured the school property, which 
had not been forseen, and, in order to protect said property 
and furnish new buildings, this tax of December, 1887, was 
levied ; without this it would have been impossible to 
maintain schools, or to protect school property. 

1. Act April 22, 1863, P. L. 523. 

2. Act April 4, 1899, P. L. 31. 

3. Act of May 8, 1854, Sec. 28, P. L. 617. 



TAXATION 169 

In reply, the lower court, sustained by the Supreme 
Court, said : 

'' We fully appreciate the difficulties that the board of 
directors labor under in this case, as disclosed by the answer 
filed and affidavit ; but the act of assembly gives the di- 
rectors no power to make a second levy for the same pur- 
pose. The plain words of the act are, that, for school pur- 
poses, the directors shall annually levy a tax for school pur- 
poses. After this has been done, no other tax can be levied 
for the same purpose during the same year." ■^ 
Legal requirements as to determining tax. 

393. Without proper preliminary meeting there can 
be no legal assessment. 

"It is a part of the law relating to common schools that, at 
their first annual meeting in each school year, tliey are re- 
quired to ascertain by the precise means pointed out by the 
school law the amount or rate of mills that is to be collected 
during the ensuing school year for school purposes, and for 
building purposes, if there is any building tax to be collected. 
They are required to do this, and to keep a minute of it ; 
and to authorize the issue of a warrant to any collector to col- 
lect school tax, there must be this preliminary meeting of 
the school board ; and they are to determine what amount 
of rate of mills shall be assessed for school purposes. With- 
out that there can be no legal assessment of school tax." 5 
Tax levy. Time of making the levy. 

394. The amount of the tax to be levied cannot be de- 
termined until between the date of organization and the ist 
day of July, and the tax ought to be levied before the ist 
day of July, but a levy after such date has been held to be 
legal. 

In Walker vs. Edmonds, 197 Pa. 645, 1901, the only 
reference to any regular annual tax appeared under the dates 
of June 19 and July 22, 1897. Under June 19, as follows: 
" And in order to provide for principal and interest on said 
bonds as they become due, that we levy two (2) mills in ad- 



4. Verona Borough School District's Appeal, i Mona. 697, 1S89. 

5. Irviii vs. Gill, 155 Pa. 8, 1893. 



lyo COMMON SCHOOL LAW 

dition to our present niillage, which shall be designated as 
the high school building and ground tax," etc. And under 
date of July 22, as follows : Moved by Edmonds and sec- 
onded by Twaddle that the clerk be instructed to add to the 
minutes of June 19, 1897, after the words, " Our present 
millage," the words, to wit : Eight mills for ordinary school 
purposes, the omission of which words from said minutes was 
a clerical error, etc. The Supreme Court said : " The court 
(below) also ruled that as the act of assembly required that 
the determination of the amount to be levied, and the levy" 
itself, should be made by the school directors before July i ; 
a strict compliance with its requirements was necessary, and 
without it there could be no legal assessment of the school 
tax. 

" The act is clearly not mandatory, but only directory 
in this respect, and if the only question were as to whether or 
not the levy had been made at the proper time, we would 
have no difficulty in sustaining it. Where action is re- 
quired to be taken within a certain time, the mere failure 
of an officer or of a body to act within the set time is not 
fatal, and the requirement as to time may be held to be di- 
rectory." ^ 

Resolutions and proceedings of the board should appear upon the 
minutes. 

395. " Before a school board, therefore, should exer- 
cise the sovereign power of levying a tax, there ought to 
be a deliberation as a body, a careful investigation of assets 
and liabilities, a clear understanding of the needs of the dis- 
trict, and an intelligent ascertainment of the amount neces- 
sary to meet those needs, and that this has been done should 
appear on the minutes." 

" In this case the only mmute of the school board as to 
the levying of a tax was the following : ' Plymouth, June 
29, 1901, Plymouth school board met this evening, with 
President Virtue in the chair, and all members present. 
Motion by Dunphy, seconded by Boyle, tJiat we levy 13 



6. vSee also Gearhart vs. Dixon, i Pa. 228, 1845. 



TAXATION 171 

mills for school and 13 mills for building. Carried.' " 
The court declared this minute insufficient. ^ 

" The minutes of the board of directors of a meeting 
on June 19, 1897, show these words, 'That we levy two 
mills in addition to our present millage, which shall be des- 
ignated as the high school building and ground tax, etc.,' 
but there was nothing else in the minutes to show a levy or 
assessment for ordinary purposes, and the assessment of a 
high school tax of two mills was afterwards abandoned by 
the directors. But on July 22, an attempt was made to 
amend the minutes of June 19, so as to make the resolution 
read as follows : ' That we levy two mills in addition to our 
present millage, eight mills for ordinary school purposes, 
which shall be designated as the high school building and 
ground tax, etc' We think the court below was right in 
holding that this is not a minute of a levy of a regular an- 
nual tax for such year, but is only a reference indicating 
that such action may have been taken at some other time 
and place ; but nowhere in the minutes is there anything to 
show that such levy was actually made for the year 1897." ^ 

" Very large sums of money are annually appropriated 
by the commonwealth, and the people submit to the lawful 
tax for the l^enefit of tlie schools and the education of the 
children of the state. The law commands that the officials 
who control these vast sums and conduct the affairs of the 
schools shall expend the money economically and wisely, 
and that a record of how it is to be done shall be made, in 
most cases in advance. 

" It may be mentioned here that most if not the whole 
difficulty complained of could have been avoided had the di- 
rectors in the commencement of the school year made an 
itemized estimate of the resources as well as the liabilities 
and expenses of the district, and then spread the whole pro- 
ceedings upon the minutes of the board." 9 



7. Coal andiron Co. vs. Dnnphy, ii D. R. 218, 1901. 

8. Walker vs. Edmonds, 197 Pa. 645, 1901. 

9. Mitchell vs. McCorniick, 9 Kulp 286, 1898. 



172 COMMON SCHOOL LAW 

No tax to be levied by directors except by affirmative vote of a ma= 
jority. Votes. Minutes. 

396. A majority of the members of the board must 
vote for the tax, and the names of those voting in the af- 
firmative and negative must be entered on the minutes. 

No tax for school or building purposes shall be levied, 
except by the affirmative votes of a majority of the whole 
number of the directors or controllers thereof ; and, in each 
of said cases, the names of the members voting, both in the 
affirmative and the negative, shall be so entered on the min- 
utes of the board by the secretary.'" 

The courts demand a substantial compliance with all the provi= 
sions of the act. 

397. They (provisions of the act) are wise and whole- 
some provisions, intended to correct gross abuses which 
had gradually crept into the administration of our school 
system, and hence it is not too much to insist upon a sub- 
stantial compliance with the spirit, if not the very letter, of 
the act." 

To hold that it is merely directory and that the board 
may at pleasure substitute a secret ballot, and thus make it 
impossible for the secretary to record the affirmative and 
negative votes, would defeat the manifest purpose for which 
it was enacted.'^ 

In the matter of hiring teachers or levying taxes, 
where the law requires the vote of a majority of the whole 
board to vote for the hiring of the teacher or the levy of the 
tax, the minutes must show that at least four of the direc- 
tors voted to levy the tax or to hire the teacher, and it is 
much better that the minutes show the names of the di- 
rectors voting for and against such proposition.'^ 

But where the minutes stated that all of the school di- 
rectors were present, and the vote for the tax was unani- 
mous, the names of those voting and how they voted, how- 



10. Act April II, 1862, Sec. 4, P. L. 471. 

11. School District vs. Mercer, 115 Pa. 559, 1879. 

12. Heisey vs. Risser, et al. , 3 Pa. Superior Ct. 196, 1896. 

13. C. Mathewson et al. vs. School Directors, 23 Pa. C. C. 121, li 
Burke vs. School District, 28 Pa. Superior Ct. 163, 1905. 



TAXATION 173 

ever, not appearing on the minutes, the act was held to 
have been substantially complied with.'^ 

Where less than the whole board were present, but the 
minutes set forth the names of those present, and that in 
each case the resolution passes unanimously, the court, 
"after a good deal of hesitation," held that there had been 
a substantial compliance with the law.'^ 
Amount of tax and kind of taxables. 

398. The board of directors or controllers shall, an- 
nually, before the ist day of July '^ proceed to levy and ap- 
portion the school tax, not exceeding the amount of state 
and county taxes authorized by law to be assessed on all ob- 
jects, persons and property, made or to be made taxable for 
state or county purposes, and that all the taxes levied and 
assessed by the directors or controllers within each school 
year, shall be contained in the same duplicate.'^ 

Amount of tax not to exceed the sum of state and county tax. 

399. " The school director says : ' I have now a law- 
ful list of the subjects which I may tax, now what is the 
amount I may levy ? ' Answer : an amount not exceed- 
ing the amount, that is, the aggregate, the sum total of the 
state, and, i. e., added to (for this conjunction implies addi- 
tion) the county tax. 

We are, therefore, to take the amount of the county 
tax authorized by law at the time when the school tax is as- 
sessed, now ten mills, and add thereto the amount of the state 
tax, in like manner authorized at the time of said assess- 
ment, now three mills, and their sum gives us the maximum 
rate for the school assessment." '^ 

"The amount of ordinary school tax cannot be greater 
in any district (except by special legislation) than the 
amount of state and county tax authorized by law to be as- 
sessed. The amount authorized to be levied at the time of 



14. Tobin vs. Morgan, 70 Pa. 229, 1871. 

15. Genesee Township vs. McDonald, 98 Pa. 444, 1881. 

16. Act April 22, 1863, P. h. 523. 

17. Act May 8, 1854, Sec. 30, P. L. 617. 

18. Conyngham School District's Appeal, 77 Pa. 265, 1874. 



174 COMMON SCHOOL LAW 

the passage of the law was thirteen mills on the dollar, ten 
mills for county and three mills for state purposes. The 
state tax has since been taken off real estate, but this does not 
affect the amount of school tax that can be levied, for the 
reason that it was the obvious intention of the law to fix 
that amount at thirteen mills on the dollar, and thus avoid 
the perplexing changes that would otherwise cripple the 
financial management of school affairs." "^ 
County commissioners to furnish adjusted valuation. 

400. That for the purpose of enabling the board of di- 
rectors or controllers to assess and apportion the tax for the 
ensuing school year, the county commissioners shall, when 
required, furnish the president or secretary of the board 
with a correct copy of the last adjusted valuation of proper 
subjects and things made taxable in the same, for state or 
county purposes, which said property, subjects and things 
are hereby made taxable for school purposes, according to 
the provisions of this act.^° 

School tax limited. 

401. The 29th section, of the act of May 8, 1854, P. 
L. 617, to which this is a supplement as above set forth, 
"shall not be construed to authorize the taxation of any 
object or property, for school purposes, which shall not be 
contained in the copy of the last adjusted valuation of 
proper subjects and things made taxable for state or county 
purposes, furnished to the board of directoi's, or controllers, 
by the county commissioners."^' 

Construction of 29th section, Act of flay 8, 1854. 

402. "This section (29, act May 8, 1854, P. L. 617) 
furnishes to the board of directors a schedule of those ob- 
jects upon which they may assess their tax. Now, it mat- 
ters not that certain articles, found in those assessment 
lists, are taxable only for state, and others only for county 
purposes, because all are made taxable for school purposes 
without distinction. 



19. Pa. School Laws and Decisions, 1903, page 185. 

20. Act May 8, 1854, Sec. 29. P. L. 617. vSee infra. 

21. Act May 8, 1855, Sec. 11, P. L- 509. 



TAXATION 175 

The act refers in g-eneral terms to subjects taxable for 
state and county purposes, in order that the valuations may 
be uniform, and that those made for the county commis- 
sioners may become valuation's for the school assessments ; 
uniformity is thus obtained and expense avoided. Never- 
theless, these school assessments are none the less separate 
and- independent, because based on the county and state 
valuations. Clearly the legislature of 1862 imderstood, as 
we do, that the act of 1854 authorized but one uniform rate 
of assessment on all property made subject to school tax."^^ 
School directors to levy a per capita tax of one dollar. 

403. It shall be lawful for school directors or school 
controllers of any city, borough or township within this 
commonwealth, to levy and collect, annually, a per capita 
tax of one dollar for school purposes from each and every 
male inhabitaut of the age of twenty-one years and upwards 
within their respective district.^^ 

Collection. 

404. The per capita tax authorized in the first section 
of this act shall be, levied and collected at the same time 
and in the same manner as school taxes are now levied and 
collected by law.^"* 

Per capita tax to be in lieu of occupation tax. 

405. The per capita tax herein authorized shall be in 
lieu of the occupation tax for school purposes, and this act 
shall in no wise limit or abridge the power of school direc- 
tors or controllers to levy a tax on real and personal prop- 
erty for school and building purposes. ^^ 

Occupation tax, per capita tax, implied repeal of statutes, acts 1862, 
1897. 

406. The act of July 22, 1897, authorizing directors to 
levy and collect a per capita tax repeals the act of April 11, 
1862, providing for the levying of an occupation tax.^^ 



22. Conyngham School District's Appeal, 77 Pa. 265, 1875. 

23. Act Jul)' 22, 1897, Sec. I, P. L. 305. 

24. Act July 22, 1897, Sec. 2, P. L,. 305. 

25. Act July 22, 1897, Sec. 3, P. L. 305. 

26. Phillips vs. Barnhart, 27 Pa. Superior Ct. 26, 1904. 



176 COMMON SCHOOL LAW 

Subjects not taxable. 

407, All churches, meeting houses, or other regular 
places of stated worship, witli the grounds thereto annexed 
necessary for the occupancy and enjoyment of the same ; 
all burial grounds not used or held for private or corporate 
profit ; all hospitals, universities, colleges, seminaries, acad- 
emies, associations and institutions of learning, benevolence 
or charity, with the grounds thereto annexed and necessary 
for the occupancy and enjoyment of the same, found, en- 
dowed and maintained by public or private charity ; and all 
school houses belonging to any county, borough or school 
district, with the ground thereto annexed and necessary 
for the occupancy and enjoyment of the same ; and all court 
houses and jails, with the grounds thereto annexed, be and 
the same are hereby exempted from all and every county, 
city, borough, bounty, road, school and poor tax : Pro- 
vided, That all property, real or personal, other than that 
which is in actual use and occupation for the purposes 
aforesaid, and from which any income or revenue is derived, 
shall be subject to taxation, except where exempted by law, 
for state purposes, and nothing herein contained shall ex- 
empt same therefrom : And provided. That all property, 
real and personal, in actual use and occupation for the pur- 
poses aforesaid shall be subject to taxation, unless the per- 
son or persons, association or corporation, so using and oc- 
cupying the same, shall be seized of the legal or equitable 
title in the realty and possessor of the personal property ab- 
solutely. ^^ 

A municipality is not subject to the general tax laws, 
and its property owned and used for public purposes is not 
taxable unless specifically made so by law.^^ 

County poor house not taxable. ^^ 

Where a city owns real estate situated in an adjoining 
township, part of which it uses to secure the purity of its 
water supply, and part for the use and enjoyment of the 



27. Act of May 29, 1901, P. L. 319. 

28. County of Erie vs. City of Erie, 113 Pa. 360, 1886. 

29. Schuylkill County vs. School Directors, 42 Pa. 21, 1862. 



TAXATION 177- 

public as a park, such real estate is not taxable for county, 
school or road purposes, either by county, school district or 
township. 3° 1 

Market house, the property of a borough, is not sub- 
ject to school or building tax.^' 

Public libraries, museums and art galleries exempt.^^ 
Tax on trust property. 

408. All money now, or hereafter, to become taxable for 
common school purposes, and held, used or invested by any 
person, company or corporation in trust, for the use, benefit 
or advantage of any other person, company or corporation,' 
shall only be assessed in, and subject to school tax, for the 
benefit of the school district within which the trustee there- 
of resides, or has his usual place of business ; and all real 
estate, so taxable for school purposes, and in the charge or 
possession of any trustee, as aforesaid, shall be assessed in, 
and subject to school tax, for the benefit of the school dis- 
trict within which the same is situated.^^ 

Property heldJor use of minors residing in another state. 

409. " Personal property held for use of minors residing 
in another state, is taxable for school purposes in the county 
where the guardian resides, and where he holds it for the 
minor's use, under the act of April 22, 1846." 34 
Exonerations. 

410. The board shall have the right at all times, to 
make such abatements or exonerations for mistakes, indi- 
gent persons or unseated lands, as to them shall appear just 
and reasonable ; and the secretary shall enter on the min- 
utes the names of all persons in whose favor such abate- 
ments or exonerations were made, together with the rea- 
sons therefore.^'' 



30. Reading vs. Berks County, 22 Pa. Superior Ct. 373, 1903. , 

31. Carlisle Borough School District vs. Carlisle Borough, 11 D. R., 294, 

1901. 

32. Act April 20, 1905, P. Iv. 234. 

33. Act April II, 1862, Sec. 7, P. h. 471 

34. West Chester School District vs. Darlington, 38 Pa. 157, 1861. 

35. Act May 8, 1854, Sec. 31, P. L. 617. 



tyS COMMON SCHOOL LAW 

Section I o of the act of 1885 provides that "exonera- 
tions may be made by the authorities and in the manner as 
heretofore." The method of exoneration as to school tax 
is provided in section 31 of the act of 1854. After the act 
of 1885, as well as before, exonerations are to be made by 
the several authorities, and in the same manner as before.^^ 
Purposes for which ordinary school tax may be used. 

411. "School tax is applicable to the payment of 
teachers' salaries, school books and supplies, fuel, stationery 
for the board, salary of secretary, and all other ordinary an- 
nual expenses necessary to keep the schools in operation. 
Also, when there is no building tax or fund, occasional 
repairs and additions to furniture and apparatus are to be 
paid for out of the ordinary school tax." 

" Debt from a former )ear, for school purposes, should 

be provided for by an addition to the ordinary school tax 

of the next year."^? 

Surplus of ordinary tax may be used for payment of debts for 
building purposes. 

412. The principal question in this case is whether 
any of the ordinary school taxes can be required to be ap- 
plied to a debt contracted for building purposes. There is 
a noticeable difference between the provision in the act of 
8th May, 1854, for collecting the tax for ordinary school 
purposes, and that for collecting the tax for building pur- 
poses. The thirty-third section, providing for the latter, de- 
clares that it shall not exceed the amount of the regular an- 
nual tax for such year, and shall be applied solely to the 
purpose of purchasing and paying for the grounds and 
the buildings or erection of buildings thereon. The sec- 
tions relating to the ordinary annual tax have no restric- 
tion, except that to be inferred from the duty of keeping 
tlia schools open, for at least five mouths in the year. The 
building tax cannot be diverted to ordinary purposes ; but 
it is not a consequence that none of the ordinary taxes 
shall be appropriated to the payment of debts for building. 



36. School District vs. Pitts, 184 Pa. 156, 1898. 

37. Pa. vSchool Laws and Decisions, 1903, page 185. 
Gill)ert et aL vs. Tierney, 14 Pa. C. C. 472, 1894, 



TAXATION 179 

We cannot perceive the justice or legal rule which would 
exempt the surplus of the annual taxes from the payment 
of debts contracted for buildings ; provided it does not pre- 
vent the schools from being kept open for (five) months in 
the subsequent year,^^ 

Special tax for building purposes. 

413. The board of directors or controllers in cities op 
boroughs where the school property is vested in them agree- 
able to the provisions of Section 2 (Act May 8, 1854), may, 
at any time not oftener than once in each school year, levy 
a special tax not exceeding the amount of the regular an- 
nual tax for such year, to be applied solely as follows : (a) 
for purchasing grounds ; (b) for erecting and furnishing 
buildings ; (c) for the accumulation of a fund for purchasing 
grounds and erecting buildings ; (d) for the payment of a 
debt contracted in purchasing ground and erecting build- 
ings ; (e) for completing improvements in school buildings 
contemplated at the time of their erection ; (f ) for fencing 
and improving grounds in connection with the erection of 
buildings ; (g) for the payment of the expense of fuel used 
in the heating of buildings ; (h) for the payment of the ex- 
pense of janitors employed to care for school buildings, 
which said tax shall be levied and collected at the same time 
in the manner and with like authority as the regular an- 
nual tax.39 

Building tax can only be levied when there is a levy for ordinary 
school purposes for the same year, and it cannot exceed such 
levy. 

414. As the extent of a special tax in any year, is lim- 
ited by the act of assembly to an amount not exceeding the 
regular annual tax for such year, it necessarily follows that 
if no regular annual tax be levied, then any attempt to levy 
a special tax must fail, as such tax in any amount would be 
in excess of the regular levy/*° 



38. German Township School District vs. Sangston, 74 Pa. 454, 1873. 

39. Act May 26, 1897, P. L. 94, as amending Sec. 33 of Act May 8, 1854, 

P. L. 617. 

40. Walker vs. Edmonds, 197 Pa. 645, 1901. 



l8u COMMON SCHOOL LAW 

Ic must appear that the tax was authorized. 

415. Where, upon hearing, it does not clearly appear 
that any particular action was taken by the school board at 
the time the last new school building was erected by the 
school district, in relation to certain improvements, the 
court will continue a preliminary injunction to restrain the 
collection of a building tax until it appears that the tax levy 
was authorized and legal/' 

Building tax not to be levied during division of township or school 
district or the erection of a borough. 

416. Whilst proceedings are pending in any court of 
this Commonwealth for the division of any township or 
school district, or for the erection of any borough, it shall 
tiot be lawful for the school directors of the township or 
district proposed to be divided or out of which such bor- 
ough is proposed to be erected, to levy, assess or collect any 
tax whatever tor the purchase of ground or for building pur- 
pose except where the same shall be necessary to rebuild a 
school house accidentally injured or destroyed, or to pay a 
debt previously iucurred.^^ 

The ordinary tax and the building tax to be kept separate. 

417. " These two taxes are to be placed in the same 
duplicate, but are to be kept entirely separate, so that each 
taxpayer may know just how much tax is assessed against 
him and for what purpose. Then, too, these taxes are for 
separate and distinct purposes. The school tax is not ap- 
plicable to the purchase of grounds and erection of school 
buildings, neither is the building tax to be used to pay the 
wages of teachers or the purchase of fuel, or for any of the 
ordinary expenses of keeping the schools open and in ope- 
ration. "^3 

When a building tax is levied, the assessment made 
for that purpose must be voted, and calculated as a separate 
tax, and placed in the duplicate as a distinct and separate 
item from the assessment made for school purposes. When 



41. Gilbert et aL vs. Tierney, 14 Pa. C. C. 472, 1894. 

42. Act June 13, 1874, P. L. 284. 

43. C. Mathewson et aL vs. School Directors, 23 Pa. C. C. 121, 1899. 



TAXATION l8l 

collected, each fimd must be applied to its lawful purpose 
according to its proportional rate/* 

Special tax must be devoted solely to purposes for which author- 
ized. 

418. The building tax levied by school directors is 
only applicable to certain definite purposes set out in the 
statute authorizing this tax.'ts 

The act of May 26, 1897, P. L. 94, previously cited, 
specifies the following purposes for which the revenue from 
the tax may be used : 

1. Purchasing grounds. 

2. Erecting and furnishing buildings. 

3. The accumulation of a fund for purchasing grounds 

and erecting buildings. 

4. The pa3nnent of a debt contracted in purchasing 

ground and erecting buildings. 

5. Completing improvements in school buildings con- 

templated at the time of their erection. 

6. Fencing and improving grounds in connection 

with the erection of buildings. 

7. The payment of the expense of fuel used in the 

heating of buildings. 

8. The payment of the expense of janitors employed to 

care for school buildings. 

Special levy, mandamus, Act of 1835. 

419. Mandanuis will not lie under the act of February 
28, 1835, to compel directors to levy a special tax to pay 
the districts' indebtedness ; the act of 1835 does not apply 
to school districts. 4^ 

Building tax cannot be diverted to ordinary school purposes. 

420. Where an attempt was made to levy and collect 
a building tax in one year, for the purpose of using a por- 
tion thus collected to pay a deficit in the general fund for 
the preceding year, the court said : 



44. Pa. School Laws and Decisions, 1903, page 189. 

45. Mason vs. Caffrey, 9 Kulp, 414, 1899. 

46. Pittston Twp. School District, 12 Luz. 472, 1905. 



l82 COMMON SCHOOL LAW 

" It is settled that the building tax of a school district 
cannot be diverted to ordinary school purposes.'^'' The court 
was clearly right in enjoining the collection of so much of 
the tax levied for building purposes, as was not needed or 
intended to be used therefor. When levied as a building 
tax it must be used in good faith for that purpose alone. 
Although in form, it may be levied for that purpose, yet, if 
in fact, there is no expectation or intention of so using the 
greater portion thereof, such excess is without authority of 
law. The rights of taxpayers cannot thus be set at naught, 
and their property be taken from theni."'*^ 

Building tax cannot be levied for ordinary repairs, but may be for 
*' completing improvements in school buildings contem=- 
plated at the time of their erection." 

421. In Gilbert et al. vs. Tierney, the court said : "The 
continuance or dissolution of the injunction seems to turn 
upon the question whether or not the tax really is a building 
tax, or a tax to make repairs. Without stopping at this time 
to inquire what is included in the term building or erection 
of school buildings thereon, we may say it does not clearly 
appear that any particular action was taken by the school 
board at the time the last new building was erected by the 
school district, in relation to steam heat, nor have we be- 
fore us what the action of the school board was. There can 
be no difficulty in giving us this information and also the 
time when such action occurred and the building was 
erected. The authorities in relation to this subject, we 
think, make this necessary in order that the question of the 
legality of the tax may be ascertained. The cases of School 
District vs. Sangston, 74 Pa. 454, and Conner's et al. Ap- 
peal, 103 Pa. 356, show that a building tax may not be 
levied for ordinary repairs only. Hence the necessity of 
showing what the records of the school district show in re- 
lation to this matter." 4'^ 



47. German Tvvp. School District vs. Sangston 74 Pa. 454, 1873. 

48. Conner's Appeal, 103 Pa. 356. 1883. 

49. Gilbert et al. vs. Tierney, 14 Pa. C. C. 472, 1894. 



TAXATION 183 

A special building tax may be used to lease a building and fit it up 
as a school house. 

422. " The duties and powers of school directors are 
defined and regulated by the act of May 8, 1854, and its sup- 
plements. Their important duties are two in number. One 
is ' to establish a sufficient number of common schools for 
the education of every individual between the ages of six 
and twenty-one years, in their respective districts, who may 
apply for admission.' The other, as defined by the act of 
1854, is 'to cause suitable lots of ground to be procured 
and suitable buildings to be erected, purchased, or rented, 
for school houses,' in which the common schools may be 
conducted. To provide them with the means necessary to 
enable them to perform these duties they are clothed by law 
with the power to levy and collect two distinct taxes. One 
of these is stvled a school tax, the other a special or build- 
ing tax. The school tax must be large enough so that, 
' together with such additional sums as the district may be 
entitled to receive out of the state appropriations and from 
other soufces, it shall be sufficient to keep the schools of 
the district in operation not less than four or more than 
ten months in the year.' The special or building tax must 
be levied and used to provide ' suitable buildings ' for use 
as school houses, and cannot be lawfully diverted to any 
other purpose. If the general or school tax should produce 
a sum large enough to enable the directors to perform 
both duties no other tax would be necessary. If it should 
not, it must be supplemented by the special tax which must 
be devoted to the sole purpose of providing the school 
houses needed. Whether a special tax may be lawfully 
levied and collected depends on whether greater school 
house accommodation is needed in the district than the di- 
rectors can supply with the means at their command. If 
such need exists the best maimer in which to meet it is a 
question for the directors to settle in the exercise of their 
official discretion. The law authorizes them to meet it by 
the erection of a suitable building (which would include the 
enlargement of an existing building), by the purchase, and 
by the renting, of a suitable building for use as a school 



184 COMMON SCHOOL LAW 

house. When they decide which of these methods is best 
adapted to the exigency and the best interests of the dis- 
trict, they must next inquire whether the ordinary school 
tax will yield a sufficient sum of money to maintain the 
schools and provide the additional school house accommo- 
dation. If it will not, then the circumstances have arisen 
which will justify the exercise of the power to levy and col- 
lect a special tax. 

" In the case at bar it appears that the directors of Em- 
porium School District found four hundred and nine persons 
applying- for admission to their school. Their school house 
furnished accommodation for only three hundred and thirty. 
What should they do to provide for the eighty persons whom 
they could not accommodate ? It was their duty under the 
law to make some provision for them, and they deliberated 
as to the best way in which to perform that duty. Their 
first plan was to erect a new school house of sufficient size 
to accommodate the whole number applying, and to supply 
the probable demand for some years to come ; but the ex- 
pense of such a structure would make it necessary to 
incur a considerable debt. The question whether the debt 
should be contracted for this purpose was submitted to the 
decision of the qualified voters of the borough and their de- 
cision was against it. The directors were thus shut up to the 
necessity of meeting the demand upon them in a less expen- 
sive way. They decided, and, so far as we can judge from this 
record, decided wisely, that it was not best to enlarge a 
building which was old and illy adapted to the wants of 
the district ; nor to buy a building for a temporary pur- 
pose ; but to rent suitable rooms and fit them up for occu- 
pancy until the district should be able to make suitable 
permanent provisions for the scholars within its limits. 
Having determined what must be done they found the 
school tax did not provide the means of doing it. They 
accordingly levied a special tax to enable them to do what 
the law required them to do, viz., to make provision for 
the eighty persons applying for admission to the school for 
whom they had no room in the school house belonging to 
the district. 



TAXATION 185 

" In the case before us it is clearly the duty of the di- 
rectors to provide for the eighty persons residing in the 
district and demanding admission to the public schools. 
They cannot make provision by the erection of a suitable 
building or the purchase in fee of such building, because of 
an existing debt which voters refuse to increase. If they 
cannot apply the proceeds of the special tax to the pur- 
chase of a leasehold, then they cannot perform the duty 
which the law has laid on them. The eighty applicants 
must be denied admission to the school, and the doors 
closed against them indefinitely. This could not have been 
the intention of the law-makers and we could not adopt 
such a construction unless the language employed by them 
left us no alternative. We are of opinion that the pur- 
chase of a leasehold was a proper way to provide for the 
persons applying for admission to the school in Emporium; 
and that the levy of a special tax was a proper and lawful 
mode of raising the money necessary to pay the price, and fit 
up the building for use as a schoolhouse."5° 

If the tax levied is clearly in excess of the sum required for any 
purpose, its collection will be enjoined. 

423. Even where legislative authority is given to tax 
for certain purposes, yet if the tax levied is clearly in excess 
of the sum required for that purpose, its collection may 
also be enjoined. s' 

On a bill in equity to restrain the collection of a build- 
ing tax a preliminary injunction will be continued where 
it appears from the defendant's own testimony that only a 
small portion of the tax was to be used for building pur- 
poses ; that the alleged purpose was to use the larger part 
of the tax in paying debts, although there were no debts 
shown which could be legally paid out of such a fund, and 
that the school district had large assets in the shape of 
sums due from former collectors and treasurers.^^ 

But " An injunction to restrain collection of an al- 
leged excessive tax will be refused where it appears that the 



50. Hackett vs. Emporium School District, 150 Pa. 220, 1892. 

51. St. Clair School Board's Appeal, 74 Pa. 252, 1873. 

52. Mitchell vs. Keariis, 16 Pa. Superior Ct. 354, 1901. 



l86 COMMON SCHOOL LAW 

levy is not excessive or illegal, but necessary to the furnish- 
ing of reasonable school facilities to the pupils of the dis- 
trict. "53 

nisappropriation of tax may render directors personally liable. 

424. The subsequent misappropriation of a portion of 
the proceeds of a special tax may render the directors per- 
sonally liable to the district.54 

Taxation for purposes of free public libraries. 

425. It shall be lawful for said board to levy a tax for 
the purchase, improvement and maintenance of said 
library, not exceeding one mill in any one year, which tax 
shall be included in the tax levy made for school purposes, 
upon the same subjects of taxation, and shall be collected 
at the same time and in the same manner. ^s 

Where library is purchased with money of the general school fund, 
a library tax cannot subsequently be levied to replace the 
same. 

426. According to the testimony of the defendants, the 
levy of the one mill for special purposes, complained of, 
was to replace in the general school fund, — so far as it 
would go for that purpose, — what was expended by the de- 
fendants in the year 1896, from the latter fund, for the pur- 
chase of a school library, therein causing a deficit in such 
fund for general school purposes, and on account of which 
the auditors of the school district for that year have sur- 
charged the directors. It is to be observed, in the first 
place, tliat the act in question provides, not for a levy to 
pay for a library already purchased, paid for and belonging 
to the district, but for the purchase, improvement and 
maintenance of; and under the authority of Conner's Ap. 
103 Pa. 356, the power of the directors to make such levy 
is extremely doubtful to say the least." The tax was re- 
strained by the court. ^^ 



53. Lehigh CoaL &c., Co. vs. Rahn School District, 9 D. R. 692, 1900. 

54. Hackett vs. Emporium School District, 150 Pa. 220, 1892. 

55. Act April 20, 1905, P. L. 231, amending Section 3, Act June 28, 

1895, P. L. 411- 

56. Lueder vs. Caffrey et al., 9 Kulp 144, 189?. 



TAXATION 187 

Lien of taxes. 

427. All taxes which may hereafter be lawfully im- 
posed or assessed on any property in this Commonwealth, 
in the manner and to the extent hereinafter set forth, shall 
be and they are hereby declared to be a first lien on said 
property, together with all charges, expenses and fees added 
thereto for failure to pay promptly ; and such liens shall 
have priority to, and be fully paid and satisfied out of the 
proceeds of any judicial sale of said property before, any 
other obligation, judgment, claim, lien or estate with which 
the said property may become charged, or for which it may 
become liable, save and except only the costs of the sale and 
of the writ upon which it is made.'^'' 

When and how claims must have been filed. 

428. Claims for taxes must be filed in the court of com- 
mon pleas of the county in which the property is situated, 
on or before the last day of the second calendar year after 
that in which the taxes or rates are first pa)able. Upon 
each tax claim a writ of scire facias must issue within five 
years from its filing, and verdict must be recovered or judg- 
ment entered on the scire facias within five years after it is 
issued. Final judgment must be entered ou the verdict with- 
in five years after its recovery. After judgment is entered, 
it must be revived by writ of scire facias to revive the judg- 
ment ; or by judgment thereon within each recurring period 
of five years. If a claim be not filed within the time afore- 
said, or if it be not prosecuted in the manner and at the times 
aforesaid, it shall be wholly lost.^^ 

Assessment of taxes. County commissioners to furnish copy of 
last adjusted valuation. 

429. This adjusted valuation is the basis for assess- 
ments by the board of school controllers. A levy by the 
board of school controllers upon an assessment made by 
ward assessors in 1889 would not be a valid assessment. 
The assessment should be made upon the valutaion as ad- 
justed by the commissioners in iSSS.^"? 



57. Act June 4, 1901 Sec. 2, P. L. 364. 

58. Act June 4, 1901, Sec. 10, P. L,. 364. 

59. Witherop vs. Titusville School Board et al., 7 Pa. C. C. 451, 1892. 



1 88 COMMON SCHOOL LAW 

Additional assessment made of those moving into district between 
last assessment and the ist of May in each year. 

430. It shall be the duty of the several assessors to 
assess such persons as may remove into the respective dis- 
tricts between the last assessment and ist day of May in 
each year, or who may have been omitted from the last as- 
sessment, and to return their names, with the amount of 
state and county tax payable by each, to the board of school 
directors, who shall thereupon assess the amount of school 
tax payable by such persons, which tax shall be collected as 
in other cases ; and for taking such assessment the assessor 
shall be paid by the county commissioners the same com- 
pensation per diem as now allowed by law.^° 
Assessment in new districts. 

431. At the next annual assessment after the erec- 
tion of any such new common school district, it shall be the 
duty of the county commissioners of the proper county to 
cause a separate assessment of the subjects and things liable 
to school tax in each portion of the new district lying with- 
in his proper township to be made out by the proper as- 
sessor thereof, and to be returned to them, wherefrom, after 
adjustment, they shall cause to be made a correct copy of 
the assessment thus obtained, in every portion of the new 
district, and shall furnish the same to the secretary thereof, 
and they shall, in like manner and at the same time, cause 
to be made out and furnished to the state superintendent of 
common schools, a full list of all the taxable inhabitants of 
said new district, according to the provisions of the forty- 
ninth section of the act to which this is a supplement ; and 
they shall pay out of the county funds to said assessors, the 
usual compensation for the services enjoined by this sec- 
tion.*^' 

Assessment in independent districts. 

432. That the assessors in each and every township, 
where any portion of said township may be included within 
the limits of an independent school district, shall write on 



60. Act of April 8, 1905, P. L. 120. 

61. Act May 8, 1855. Sec. 7, P. L- 509. 



TAXATION 189 

their duplicates, opposite the names of the persons residing 
within said independent district, the letters I. D.,for the in- 
formation of the collector of said tax and the county com- 
missioners.^^ 
Fraudulent assessment, etc. — misdemeanor. 

433. If any assessor, or assistant assessor shall know- 
ingly and intentionally omit, neglect, or refuse to assess and 
return any property, person or thing made taxable by law, 
or shall knowingly and intentionally assess, rate or value 
the same, at more or less than he shall know and believe 
the just cash value or rate thereof, or neglect or refuse to 
assess any tax required by law, he shall be guilt}' of a mis- 
demeanor in office, and on conviction thereof, be subject to 
imprisonment not less than three, nor more than twelve 
months, and fined in a sum not less than one hundred nor 
more than two hundred dollars. ^^ 

Assessment of taxes in cities of the third class where the school 
district comprises the same territory as the city. 

434. In cities of the third class where the school dis- 
trict comprises the same territory as the city, the taxes for 
school and school building purposes shall be lec'ied on the 
assessment made for city purposes.^-* 

The city clerk or other competent person authorized 
bv city council shall make, for the use of the school board, 
a true copy of the completed assessment, and shall duly cer- 
tify the same to the said board.^^ 

This act is constitutional, School District vs. Smith, 195 
Pa. 515, 1900. 

Collection of taxes in boroughs and townships. Election of tax col- 
lector. 

435. The qualified voters of every borough and town- 
ship in the Commonwealth of Pennsylvania shall, on the 
third Tuesday of February after the passage of this act and 
triennially thereafter, vote for and elect one properly quali- 



62. Act May 8, 1855, P. L. 509. 

63. Act May 15, 1841, Sec. 3, P. L. 393. 

64. Act May 25, 1897, Sec. i, P. L. 85. 

65. Act May 25, 1897, Sec. 2, P. L. 85. 



190 COMMON SCHOOL LAW 

fied person for tax collector in each of said districts, who 
shall serve for the term of three years, and shall give a bond 
annually to be approved by the court.^^ 

The act of June 6, 1893, P. L. 333, repeals the local 
acts of April 10, 1848, P. L. 443, and March 29, 185 1, P. 
h. 284, so far as those acts related to the appointment of tax 
collectors, and tax collectors in the townships named in 
those local statutes are elected by popular vote, as in other 
portions of the state.^^ 
Tax collector's bond. Renewal, Act June 6, 1893. 

436. A tax collector elected for three years under the. 
Act of June 6, 1893, P. L. t,33^ must renew his bond an- 
nually, and liability on the bond is limited to the taxes for 
the current yeai.*"^ 

Vacancies in office of collector of taxes, how filled, under Act June 

25, 1885. 

437. The courts of quarter sessions shall have power to 
fill, by appointment, all vacancies in the said office, within 
their respective counties. And, if any person elected' to fill 
said office shall fail to give bond and qualify as hereinafter 
provided, on or before the fourth day of the term of said 
court next ensuing his election, the said court shall declare 
his office vacant and appoint a suitable person, residing in 
the proper borough or township, to fill the same.^^ 

Pilling vacancies, under Act July 2, 1895. 

'438. If any vacancy shall take place in the office of 
tax collector after any ward, district, borough or township 
election, by reason of the erection of any new ward, district, 
township or borough, or from the neglect or refusal of any 
person elected to perform the duties of the office, or by 
death, resignation or otherwise, the court of quarter sessions 
of the proper county upon the petition of the town council 
or any citizen vvho is a resident of said borough, township, 
ward, setting forth the fact that a vacancy does exist, shall 



66. Act June 6, 1893, P. L. 333. 

67. Buckwalter vs. Lancaster County, 12 Pa. Superior Ct. 272, li 

68. Sullivan County vs. Middendorf, 7 Pa. Superior Ct. 71, 

69. Act June 25, 1885, Sec. 2, P. L- 187. 



TAXATION 191 

appoint a suitable person to fill said vacancy for the full or 

unexpired term."" 

Collector to give bond and be sworn. 

439. The collector of taxes shall, before he enters upon 
the duties of his office, take and subscribe an oath of office, 
and file the same in the office of the court of quarter sessions 
of the proper county, and shall also enter into a bond to the 
Commonwealth, in double the probable amount of taxes 
that will come into his hands, with at least two sufficient 
sureties ; said bond to be approved, by the said court or a 
judge thereof in vacation, and filed in the office of the clerk 
of the said court ; the condition of which bond shall be, that 
the said collector shall well and truly collect and pay over 
or account for, according- to law, the whole amount of taxes 
charged and assessed in the duplicates, which shall be deliv- 
ered to him. 7' 

When duplicates shall be issued. 

440. The several county, borough, township, school, 
poor and other authorities now empowered, and which may 
hereafter be empowered, to levy taxes within the several 
boroughs and towmships of this Commonwealth, shall, on or 
before the ist day of August of each year after the first elec- 
tion of collector of taxes under this act, issue their respective 
duplicates of taxes assessed to the collector of taxes of their 
respective boroughs and townships with their warrants at- 
tached, directing and authorizing him to collect the same. ' 
Powers and liabilities of collectors. 

441. The collector of taxes shall have all the power for 
the collection of said taxes, during his term of office, here- 
tofore vested in collectors of county taxes under existing 
laws, and be subject to the same liabilities and penalties for 
neglect, or violation of the duties of his office. ^^ 

Book to be kept and subject to inspection. 

442. The collector of taxes shall provide an appropriate 
book, the cost of which shall be allowed to him in the set- 



70. Act July 2, 1895, Sec. i, P. L. 434- 

71. Act June 25, 1885, Sec. 3, P. L. 187. 

72. Act June 25, 1885, Sec. 4, P. L. 187. 

73. Act June 25, 1885, Sec. 5, P. L. 187. 



192 COMMON SCHOOL LAW 

tlement of his accounts in which lie shall enter in alpha- 
betical order the names of all persons charged with taxes in 
the duplicates aforesaid, and showing the amount of such 
tax charged against each person, which book shall be at all 
times open to the inspection of each tax payer, and shall be 
delivered by the collector of taxes at the expiration of his 
term to his successor in office. ^4 

Public notice to be given, and a reduction made for prompt pay- 
ment. 

443. Where any duplicate of taxes assessed is issued and 
delivered to the collector of taxes, it shall be the duty of 
said collector to give public notice as soon thereafter as con- 
veniently can be done, by at least ten written or printed 
notices to be posted in as many public places in different parts 
of the township or borough, that said duplicate has been is- 
sued and deHvered to him ; and all persons, who shall within 
sixty days from the date of said notice make payment of any 
taxes charged against them in said duplicate, shall be en- 
titled to a reduction of five per centum from the amount 
thereof ; and all persons, who shall fail to make payment of 
any taxes charged against them in said duplicate for six 
months after notice given as aforesaid, shall be charged five 
per cent, additional on the taxes charged against them, 
which shall be added thereto by said collector of taxes and 
collected by him.^s 

Collector may levy upon goods for unpaid taxes, and imprison de^- 
iinquent where no goods. 

444. If any person shall neglect or refuse to make pay- 
ment of the amount due by him for such tax within thirty 
days from the time of demand so made, it shall be the duty of 
the collector aforesaid to levy such amount by distress and 
sale of the goods and chattels of such delinquent, giving ten 
days' public notice of such sale, by written or printed ad- 
vertisements and in case goods and chattels sufficient to 
satisfy the same with the costs cannot be found, such col- 
lector shall be authorized to take the body of such delin- 

74. Act June 25, 1885, Sec. 6, P. L. 187. 

75. Act June 25, 1885, Sec. 7, P. L. 187. 



TAXATION 193 

quent, and convey him to the jail of the proper county, 
there to remain until the amount of such tax together 
with the costs, shall be paid or secured to be paid, or until 
he shall be otherwise discharged by due course of law.''^ 

Provided that nothing herein contained shall authorize 
the arrest or imprisonment for non-payment of any tax of 
any female or infant, or person found by inquisition to be 
of unsound mind.77 

Collector may sue delinquent for recovery of unpaid tax. 

445. The provisions of the fiftieth section of an act of 
the general assembly of this Commonwealth, entitled " An 
Act relating to the county rates and levies, and township 
rates and levies," passed April fifteenth, 1834, shall not be 
so construed as to prohibit a collector of taxes from insti- 
tuting suit or suites for the recovery of taxes due and un- 
paid, at any time after the expiration of his warrant ; but in 
all cases where taxes are due and unpaid to any collector, 
after the expiration of his warrant, when such collector has 
not been legally exonerated therefrom, every such collector, 
or person, his executors, administrators, or any of them, is 
hereby declared to have full right and power to sue for any 
recovery of the same, with interest thereon, after the expira- 
tion of his warrant as aforesaid, from all and every person 
and persons, bodies politic and corporate, owing the same, 
as other debts of like amount are now by law recoverable. ^^ 

"The Act of April 11, 1848, P. h. 517, Section 3, gives 
to the collector, after the expiration of his warrant, full right 
and power to sue for the due and unpaid taxes for which he 
has not been exonerated, and to recover the same with in- 
terest thereon as other debts of like amount are by law re- 
coverable." 79 

Days and times fixed for payment and receipt of taxes. 

446. The collector of taxes shall, in person or by some 
person duly authorized, be in attendance for the purpose of 



76. Act April 15, 1834, Sec. 21, P. L. 509. 

77- Act April 15, 1834, Sec. 45, P. L. 509. 

78. Act April II, 1848, Sec. 3, P. L. 517. 

79. Creswell vs. Montgomery, 13 Pa. Superior Ct., 87, 1900. 



194 COMMON SCHOOL LAW 

receiving and receipting for taxes on Thursday, Friday and 
Saturday of each week, during the last two weeks of said 
sixty days, between the hours of two o'clock and six o'clock 
in the afternoon, at his residence, or some other place 
in the proper township or borough, to be designated by him 
in the notice aforesaid.^" 
Compensation of collectors and duties as to settlement. 

447. The collector of taxes shall collect the taxes 
charged in said duplicates and pay over the same to the re- 
spective treasurers or authorities entitled thereto, after de- 
ducting his commission for the collection thereof, which is 
hereby fixed at two per centum on all taxes paid to him on 
which an abatement of five per centum is allowed, and at 
five per centum on all taxes afterwards collected : Provided, 
That where the total amount of taxes charged on a duplicate 
is less than one thousand dollars, the said collectors shall re- 
ceive three per centum on all taxes paid to him on which 
an abatement of five per centum is allowed : Provided fur- 
ther, That all taxes collected within sixty days as provided 
in Section eight of this act, shall be paid over as aforesaid 
within fifteen days after the expiration of said sixty days, 
and all taxes thereafter collected during his term of office, 
shall be paid over as aforesaid at regular intervals of one 
month, and a full and complete settlement of all taxes col- 
lected shall be made by said tax collector with the respective 
treasiirers or authorities entitled thereto, not later than three 
months after the expiration of his term of office.^^ 
Exonerations. 

448. Exonerations may be made by the authorities and 
in the same manner as heretofore.^^ 

Exonerations provided for by Act May 8, 1854, Sec. 
31, P. L. 617. 

Collector of tax to make monthly statement as to the same, and to 
make monthly payments of taxes collected to the treasurer. 

449. Each and every collector of school taxes in the 
several boroughs and townships of this Commonwealth shall 



80. Act June 25, 1885, Sec. 8, P. L. 187. 

81. Act June 2, 1891, Sec. 2, P. L. 175. 

82. Act June 25, 1885, Sec, 10, P. L. 187. 



TAXATION 195 

hereafter, on or before the tenth day of each and every month, 
after receiving the dnplicate containing a statement of the 
school tax to be collected by him, deliver to the secretary 
of the board of school directors, from whom he has re- 
ceived such duplicate, a statement in writing, signed by 
him, showing the names of all the persons from whom he has 
collected any school taxes upon his duplicates, to and in- 
cluding the last day of the preceding month, the amount 
collected from each, and the date of such collection, and also 
the amount of the uncollected school taxes upon the said 
duplicate, and shall at tlie same time, if required by the 
secretary or any member of the school board, exhibit the 
duplicate, showing the said uncollected taxes, for examina- 
tion ; and the said tax collector shall pay over, on or before 
the said tenth day of each and every month during his term 
of office, to the treasurer of the school district, all taxes so 
collected by him during the preceding month, less the com- 
mission or fees to which he is by law entitled for the col- 
lection of the same/'^^ 

Board of school directors and collectors shall meet together an= 
nually. 

450. Board of directors and collectors of taxes to meet 
(on the first Monday of February of each vear to ascertain 
the amount of unpaid taxes — and the collector must pay 
over the whole amount of balance on or before the first 
Monday of June thereafter). 

It shall be the duty of the board of school directors and 
the collector of the school taxes, in each of the boroughs 
and townships of this Commonwealth, to meet together, at 
the usual meeting place of the said school board, on the first 
Monday of February of each and every year, and examine 
the duplicate of the school taxes, which the said collector is 
hereby lequired to produce and exhibit to the said board of 
school directors, and ascertain the amount of the taxes then 
uncollected ; and it shall be the duty of every such col- 
lector, on or before the first Monday of June thereafter, to 
collect, and pay to the treasurer of the proper school dis- 

83. Act April 21, 1903, Sec. i, P. L,. 229. 



196 COMMON SCHOOL LAW 

trict, the whole amount of the balance of the taxes charged 
and assessed in the said duplicate, excepting such sums from 
which the said school directors, in their discretion, may ex- 
onerate him.^'» 
Directors liable if they make an unlawful settlement. 

451. If school directors make an unlawful settlement 
with a tax collector, the directors will, themselves, be liable 
personally to the district for the loss.^^ 

Failure to pay taxes collected, to make monthly statements or to 
exhibit duplicate a misdemeanor. 

452. Any tax collector who shall fail to pay over to the 
treasurer of the proper district the taxes collected by him, 
according to the provisions of this act, or who shall fail to 
make and deliver to the secretary of the board of school di- 
rectors any of the statements in writing required by this act, 
or who shall fail to produce and exhibit the duplicate of the 
school taxes to the secretary of the board of school directors 
or at a meeting of the board of school directors, as required 
by the provisions of this act, shall be guilty of a misde- 
meanor, and on conviction thereof shall be sentenced to pay 
a fine not exceeding one hundred dollars. ^^ 

Collector to pay taxes collected to officer legally entitled. 

453 Tax collectors cannot, by mandamus, be compelled 
to pay taxes collected by them to any body other than the 
officer legally entitled to receive them. 

It is no part of a tax collector's duty to pay orders on 
the township treasurer.^^ 
Misappropriation of tax funds embezzlement. 

454. If any person charged with the collection, safe 
keeping, or transfer of any state, county, township, school, 
city, borough or municipal taxes, under any law or laws of 
this Commonwealth, shall convert or appropriate the moneys 
so collected, or any part thereof, to his own use in any way 
whatever, or shall use by way of investment in any kind of 

84. Act April 21, 1903. Sec. 2, P. L. 229. 

85. Mason vs. Caffrey et al., 9 Kulp 414, 1899. 

86. Act April 21, 1903, Sec. 3, P. L,. 229. 

87. Hoover vs. Reap, 10 Kulp 59, 1899. 



TAXATION 197 

property or merchandise any portion of the money so col- 
lected by him from such tax or taxes, and shall prove a de- 
faulter or fail to pay over the same or any part thereof at 
the time or times, place or places, required by law and to 
the person or persons legalh- authorized to demand and re- 
ceive the same, every such act shall be deemed and adjudged 
to be an embezzlement of so much of said money as shall 
be thus taken, converted, appropriated, embezzled, invested, 
used, or unaccounted for, which is hereby declared a misde- 
meanor ; and every such tax collector and every person or 
persons whomsoever aiding or abetting, or being in any way 
accessory to such act, and, being thereof convicted, shall be 
sentenced to an imprisonment not exceeding five years, or 
pay a fine not exceeding five thousand dollars, or both at 
the discretion of the court.^^ 
Judgment against collector for an amount due from him. 

455. The secretary of au)- board of directors or con- 
trollers ma)', at any tinre within one year from the delivery 
of the duplicate of school tax to the collector thereof, file a 
certificate, signed by the president and attested by the secre- 
tary, in the office of the prothonotary of the court of com- 
mon pleas of the proper county, stating the amount of said 
tax due and unpaid by said collector, at the date thereof, 
and it shall be the duty of the prothonotary to enter the 
same on his docket, which certificate shall, from such entry, 
have the same operation and efifect as a judgment of said 
court, against said collector and his sureties, and execution 
may issue thereon, in like manner as in judgments, for the 
amount remaining unpaid at the date of said execution. ^^ 
Section 13, Act April 11, 1862, not affected by act June 25, 1885. 

456. There is nothing in the act of 1885 which " inter- 
feres with the reasonable operation of Section 13 of the act 
of 1862, the primary purpose of which was security and pro- 
tection of the school district, by means of a lien against the 
real estate of the collector and his sureties. After the act of 
1885, as well as before, exonerations are to be made by the 



88. Act June 3, 18S5, P. L. 72. 

89. Act April II, 1862, Sec. 13, P. L- 474- 



198 COMMON SCHOOL LAW 

several authorities, and in the same manner as before. As 
to the execution that may issue on the judgment against the 
collector and his sureties, the court will control that, as was 
done in this case, pending the consideration of an}- alleged 
legal or equitable defense. If accounts settled by the aud- 
itors show amounts different from those named in the cer- 
tificate of the school board, the court would not fail to limit 
the execution accordingly. The acts under consideration 
taken together, form a complete and harmonious system for 
the security and collection of the school fund, and present 
no points of antagonism that will interfere with their proper 
enforcement.^" 

Settlement of accounts. 

457. The accounts of collectors of taxes shall be settled 
by township or borough auditors of the proper township or 
borough, and he sliall state a separate account for each dif- 
ferent tax collected by him.'^' 

There is nothing in this that interferes with the rea- 
sonable operation of Section 13 of the act of 1862, the pri- • 
mary purpose of which was security and protection of the 
school district, by means of a lien against the real estate of 
the collector and his sureties. ^-^ 
Suit on bond cannot be entered until after settlement by auditors. 

458. Until the accounts of township tax collectors are 
settled by the township auditors and an amount ascertained 
by such auditors to be due by such collectors, a proceeding 
at law upon the official bond is premature and unauthor- 
ized.?^^ 

Suit on bond properly brought in assumpsit. 

459. A suit on the bond of a tax collector is properly 
brought in assumpsit and the averments of the statement 
are sufficient when it assigns with certainty the failure to 
pay or account for a definite sum claimed as the balance of 
the taxes in the duplicate for a given year.?^ 



90. School District vs. Pitts., 184 Pa. 156, 1898. 

91. Act June 25, 1885, Sec. 11. P. L. 187. 

92. School District vs. Pitts., 184 Pa. 156, 1898. 

93. Swatara Twp. School District's .\ppeal, i Pa. Superior Ct. 502, i^ 

94. Cotntnon wealth vs. Gruver, 13 Pa. Superior Ct. , 553, 1900. 



TAXATION 199 

Collector bound by auditor's settlement when he does not appeal. 

460. The township auditors' settlement of the tax col- 
lector's accounts is but one step in fixing the liability of the 
collector, but when it is not appealed from to the court of 
common pleas as provided by law, he elected to make that 
step a final one and to be bound by it, and the appellate 
court cannot review it on appeal from a judgment entered 
on the surety's bond.'^s 

Taxes charged upon unseated lands. 

461. Taxes charged upon unseated lands shall not be 
collected by the collector of taxes, but shall be certified and 
returned bv the several authorities levying the same to the 
county commissioners to be collected as heretofore.'*'^ 
Repeal. Application of act June 25, 1885. 

462. So much of all general acts heretofore passed, as is 
inconsistent herewith, is hereby repealed, but this act shall 
not apply to any taxes, the collection of which is regulated 
by local law,97 

The act of June 25, 1885, does not repeal the act of 1854. 

463. The act of 1885 "does not undertake to provide 
a complete system for the collection of taxes, different from 
and independent of the method provided in the act of 1854, 
On the contrary the act of 1885 recognizes and expressly 
makes use of the machinery of the act of 1854. In section 
4, the several school and other authorities empowered to 
levy taxes, etc., are required to issue duplicates to the col- 
lectors so elected. The school taxes are assessed under the 
provisions of sections 28, 29, 30 and other sections of the act 
of 1854. Section loof theactof 1885 provides that ' exonera- 
tions may be made by the authorities and in the same man- 
ner as heretofore. ' The method of exoneration as to school 
tax is provided in section 31 of the act of 1854. For these 



95. Commonwealth vs. Gruver, 13 Pa. Superior Ct, 553, 1900. 
Swatara Twp. School District's Appeal, i Pa. Superior Ct. 502, 1896. 
Commonwealth vs. Titman, 148 Pa. 168, 1892. 
Commonwealth, vs. Sweigart, 9 Pa. Superior Ct. 455, 1S99. 

96. Act June 25, 1885, Sec. 12, P. h. 187. 

97. Act June 25, 1885, Sec. 13, P. 1,. 187. 



200 COMMON SCHOOL LAW 

and other reasons we think the act of 1885 does not repeal 
the prior legislation by providing a new and complete sys- 
tem for the collection of taxes, different from and independ- 
ent of theretofore existing provisions.^^ 

Act June 25, 1885, regulating collection of certain taxes, is consti- 
tutional. 

464. The act of June 25, 1885, P. L. 187, regulating the 
collection of taxes in the several boroughs and townships in 
this Commonwealth is constitutional. ^9 

Collection of taxes in cities of the third class. 

465. The annual assessment of school taxes shall be 
completed on or before the first day of June, in each and 
every year,'"° and, upon the duplicate or duplicates having 
been made, as directed by the said board of school control- 
lers the sam j shall be placed in the possession of the treas- 
urer, who shall collect and receive said taxes ; 

and the said schojl taxes, unpaid after the first day of August 
and the first day of October, in each and every year, shall 
have the same additional sum per centum added thereto, as 
is hereinbefore provided in the case of unpaid city taxes, 
after the first day of October, in each and every year ; said 
duplicates shall be placed in the hands of collectors, to be 
appointed as directed in section 38 of this act ; the said 
taxes shall be applied only to the purposes of the said school 
district and be disbursed only on the warrant of the presi- 
dent and secretary of the board of school controllers, counter- 
signed by the city controller. ■°' 

Treasurers of cities of the third class shall ex=officio be school 
treasurers. 

466. The several city treasurers, hereafter elected in 
cities of the third class of this Commonwealth, by virtue of 
their office shall be the collectors of all the city, school and 
poor taxes, assessed or levied in their respective cities, and 



98. vSchool District vs. Pitts., 184 Pa. 156, 1S98. 

99. Swatara Twp. School District's Appeal, i Pa. Superior Ct., 502, 1896. 
100. See Supra, Sec. 434, that in cities of the third class the taxes are 

to be levied upon the city assessment. Sec. i, 2, Act May 25, 
1897, P. L. 85. 
loi. Act May 23, 1874, Sec 43, P. L. 230. 



TAXATION 30I 

shall perform the duties and be subject to the hereinafter pro- 
visions of this act.'°^ 

Levying taxes in cities of the third class. 

467. Tlie several city school and poor authorities, now 
empowered or which may be hereafter empowered to levy 
taxes upon persons and property within the said cities of the 
third class, shall, on the first day of June in each year, make 
out and deliver their respective duplicates of taxes assessed 
to the said city treasurer, as the collector of the said several 
taxes, which taxes shall be collected by the said city treas- 
urer, by virtue of his office as herein provided '°3 

School taxes to be collected. 

468. The school taxes which shall be collected under 
the provisions of this act are the school taxes only which 
are levied by the boards of school controllers, organized and 
acting- under and in pursuance of the act of assembly . . 
providing for tlie incorporation and government of cities of 
the third class. '°4 



102. Act June 20, 1901, Sec. i, P. L. 578. 

103. Act June 20, 1901, Sec. 3, P. L,. 578. 

104. Act June 20, 1901, Sec. 8, P. L- 578. 



CHAPTER XVIII. 

AUDITORS. 

PAGE 

469. Auditors to settle annually the accounts of school treasurer 

Appeal 202 

470. Auditors in independent school districts 202 

471. Duties 203 

472. Compensation 203 

475. Auditors to meet annually on first Monday of June 203 

474. Presentation of claims 203 

475. Powers of auditors to compel the attendance of witnesses 203 

476. Two settlements of district accounts contemplated. Method 

as to treasurer's account 204 

477. Auditors cannot control expenditures made by directors 204 

478. Auditors to settle accounts of collector of taxes 204 

479. Accounts of a tax collector or school treasurer not settled at 

the proper time may be settled by auditors of subsequent 
I year 204 

480. School directors to furnish annual statement of account to 

auditors 205 

4.81. Directors may be compelled to furnish statement to auditors... 205 

482. But they cannot be compelled to furnish statement of pred- 

• ecessors 206 

4S3. Report of auditor. Auditors required to publish statement of 

accounts and file copy 206 

484. Failure to take oath does notvacate office 207 

485. Penalty for neglect of duty 207 

486. Compensation 207 

487. Settlement of auditors conclusive unless appealed from 207 

488. Appeal from settlement of auditors 208 

4H9. Tax payers may appeal from auditors' report 208 

490. Exceptions allowed to rulings of the court in pending appeals. 209 

Auditors to settle annually the accounts of school treasurer. Ap- 
peal. 

469. It shall be the duty of the borough and township 
auditors, in addition to the duties now imposed upon them, 
by law, to settle annually the accounts of the school treas- 
urers of the different school districts in this Commonwealth ; 
and that either party may take an appeal, as now provided 
for in other cases of settlement of accounts by township 
auditors: Provided, That this act shall not apply to the city 
and county of Philadelphia.' 

Auditors in independent school districts. Election. 

470. There shall be elected in each independent school 
district of this Commonwealth three auditors, one to serve 



Act May 21, 1857, Sec. i, P. L,. 631. 



AUDITORS 303 

for one year, one for two years and one for three )ears, and 
annually thereafter, one each year, to serve for the term of 
three years, to audit and adjust the several school accounts 
of said district.^ 
Duties. 

471. The auditors in said independent school district 
shall be qualified and shall perform the duties as township 
and borough auditors are now required by law to do.3 
Compensation. 

472. The compensation of each independent school dis- 
trict auditor shall be two dollars per diem for each day neces- 
sarily employed in the duties of his office, which shall be 
paid out of the school funds of said district.^ 

Auditors to meet annually on first Monday of June. 

473. The auditors of the several townships and bor- 
oughs within this Commonwealth shall meet annually on 
the first Monday of June, and oftener, if necessary, aod shall 
audit, settle and adjust the accounts of the supervisors, road 
commissioners, school, borough and township treasurers, as 
may by law be referred to theni.^ 

Presentation of claims. 

474. An itemized claim must be presented to the aud- 
itors for adjudication. If the school treasurer either refuses 
to go before the auditors, or goes before them without legal 
proofs of his claims, and upon a bare assertion, without 
items and without dates, that he is entitled to a lumping 
credit, the auditors ought to disallow his claim, and on ap- 
peal he ought not to be allowed to prevail, unless, indeed, he 
accounts for his conduct, and produces to the jury better ev- 
idence than he had before the auditors, and which if produced 
before them, would have entitled him to his credits. 
Power of auditors to compel the attendance of witnesses. 

475. To and in the performance of the duties imposed 
the power is given to the auditors to compel the attendance 



2. Act May 10, 1893, Sec. i, P. L. 41. 

3. Act May 10, 1893, Sec. 2, P. L,. 41. 

4. Act May lo, 1893, Sec. 3, P. h- 41. 

5. Act April 24, 1874, Sec. i, P. L. 112. 



204 COMMON SCHOOL LAW 

of all parties and witnesses, and the production of books and 
papers, and to administer oaths and affirmations.^ 

Two settlements of district accounts contemplated, flethod as to 
treasurer's account. 

476. " Two settlements of the district accounts are ev- 
idently intended to he made annually ; one by the board, of 
the accounts of the treasurer, and the other by the district 
auditors, of the accounts of the treasurer and tax collector." 

" The auditors are to charge the treasurer with the 
amount received by him, according to his own statement, 
and are then to allow every voucher produced by him, which 
on its face appears to be for a legal object within the juris- 
diction and control of the board." "^ 
Auditors cannot control expenditures made by directors. 

477. " The auditors have no authority to control the 
board in the expenditure of the district funds so long as con- 
fined to legitimate objects, except, perhaps, in cases in which 
the prices paid are so enormous as to show by their amount 
that they are fraudulent."^ 

Auditors to settle accounts of collector of taxes. 

478. The accounts of collectors of taxes shall be settled 
by township or borough auditors of the proper township or 
borough, and he shall state a separate account for each dif 
ferent tax collected by him.'^ 

Accounts of a tax collector or school treasurer not settled at the 
proper time may be settled by auditors of subsequent years. 

479. " If the account of a school treasurer has not been 
previously audited it might be considered and adjusted by 
the auditors of a subsequent year. If the account of a 
township officer is not audited at the regular time, both the 
auditors and officer must be at fault ; for the auditors have 
power to compel a settlement, and while it may not be the 



Act April 15, 1834, Sec. 105, P. L- 537- 
Act April 15. 1834, Sec. 50, P. L- 537- 
Act April 15, 1834, Sec. 51, P. L. 537- 
School Laws and Decisions, 1903, page 2i6. 
School Laws and Decisions, 1903, page 217. 
Act June 25, 1885, Sec. 11, P. L- 187. 



AUDITORS 205 

officer's duty to take the first step, he disregards a moral ob- 
ligation at least if he is not himself at pains to have his ac- 
count properly examined. It would be unreasonable that 
the township should suffer because its officers have been at 
fault, when it is easy to correct their neglect by an effort 
made in due season. It may be tnie that the lapse of a 
considerable time, alone or aided by other circumstances, 
might give rise to a presumption of settlement although no 
formal adjustment could be shown, or might make it plain 
that the proposed inquiry would be inequitable or unjust." '° 

School directors to furnish annual statement of account to aud= 
itors. 

480 It shall be the duty of each board of school di- 
rectors, in the several school districts of this Common- 
wealth, annually, at the close of the scliool year, to place in 
the hands of the proper auditors a full certified statement, 
itemized, of their receipts and expenditures for-the past year, 
including the assets and liabilities of the district of all kinds, 
with all books, papers and vouchers relating to the same, to 
be by said auditors examined and if found to be correct 
approved ; such statement to be be spread upon the min- 
utes of the board of directors, and in a condensed but fully 
classified form published by said board in not; less than ten 
written or printed handbills to be put up in the most pub- 
lic places in the district, or if deemed preferable in the two 
newspapers of the county in which the district is situated 
having the largest circulation among the citizens interested; 
and for any neglect or failure to perform the duties enjoined 
by this act, the officers named therein shall be considered 
guilty of a misdemeanor, punishable by a fine not exceed- 
ing three hundred dollars, to be paid into the school fund 
of the district in which the offence shall have been com- 
mitted." 
Directors may be compelled to furnish statement to auditors. 

481. " The directors, under the Act of May i, 1876, P. 
Iv. 91, Sec. I, are compelled to' submit an itemized state- 



10. Swatara Township School District vs. Geesey, 7 D. R. 173, 1897. 
Baer vs. Weaver, 3 Kulp 57, 1884. 

11. Act May i, 1876, vSec. i, P. L,. 91. 



206 COMMON SCHOOL LAW 

ment of their receipts and expenditures to the township 
auditors, . . which, if correct, the auditors approve." '^ 

But they cannot be compelled to furnish statement of predecessors. 

482. School directors may be compelled by mandamus 
to submit an itemized statement of their receipts and ex- 
penditures to the proper board of auditors. They cannot 
be compelled to furnish such statement of the receipts and 
expenditures of their predecessors in office, who must answer 
for themselves. '3 

Report of auditor. Auditors required to publish statement of ac- 
counts and file copy. 

483. The auditors of the several townships and bor- 
oughs within this Commonwealth are hereby authorized 
ajid required to publish, by posting handbills, either writ- 
ten or printed, in at least five public places within their 
respective townships or boroughs, an itemized annual state- 
ment of the receipts and expenditures of the borough coun- 
cils, road commissioners, supervisors, overseers of the poor 
and school directors for the year preceding the annual set- 
tlement for their respective districts ; said handbills to be 
posted within ten days after such settlement; and further, 
it shall be the duty of said auditors to file a copy of the 
same with the town clerk in their respecti\e districts, and 
also with the clerk of the court of quarter sessions, which 
shall be at all times subject to inspection by any citizen 
thereof: Provided, That where any two of said offices shall 
be exercised by the same persons only one statement shall 
be required : Also provided, That nothing in this act shall 
be construed to mterfere with the present law which re- 
quires annual statements of the receipts and expenditures of 
the borough councils, road commissioners, supervisors, 
overseers of the poor and school directors to be advertised 
in the daily and weekly newspapers published in the re- 
spective localities. "^ 



12. Mason vs. Caffrey et al., 9 Kulp 414, 1899. 

13. Baer vs. Weaver et aL, 3 Kulp 57, 1884. 

14. Act April 23, 1874, Sec. 2, P. L. 112. 



AUDITORS 207 

Failure to take oath does not vacate office. 

484. "It is true, the act of assembly requires they 
shall, before entering upon the duties of their office, take 
and subscribe an oath ; and also imposes penalties for a vio- 
lation of this requirement ; but it does not declare that the 
omission to take the oath shall ipso facto vacate their of- 
fices. It Requires judicial action, instituted for that pur- 
pose, to produce such result. '^ 

Penalty for neglect of duty. 

485. In case of neglect or refusal to comply with the 
provisions of this act, the auditors so neglecting or refusing 
shall each pay a penalty of twenty dollars, to be recovered 
in the same manner as debts of similar amount are by law 
recoverable, by suit instituted in the name of the school dis- 
trict upon complaint of any tax paying citizen of the same, 
and the proceeds thereof to be paid into the school treasury 
of said district.'^ 

Compensation. 

486. The compensation of each borough and township 
auditor shall be two dollars per diem for each day neces- 
sarily employed in the duties of his office : Provided, This 
act shall not interfere with or change any local or special 
law, where a larger amount than two dollars per day is 
authorized to^be paid.'^ 

Settlement of auditors conclusive, unless appealed from. 

487. The first section of the Act of May 21, 1857, P. 
Iv. 631, authorizes borough auditors to settle the accounts of 
school treasurers, with the right of appeal therefrom, to 
either party. Unless appealed from, such settlement is con- 
clusive.'^ 

The account of a school treasurer was settled by the 
township auditors, and a balance was struck in his favor. 
In the settlement, among other credits, was contained an 
item of $75.00, through which a line was drawn, but the 



15. Shartzer vs. School Board, 90 Pa. 192, 1879. 

16. Act April 24, 1874, Sec. 3, P. L. 112. 

17. Act May 4, 1889, Sec. i, P. L. 86. 

18. Shartzer vs. School Board, 99 Pa. 192, 1879. 



2o8 COMMON SCHOOL LAW 

balance including it was not altered. The balance on this 
account by the township auditors. More than six years 
after the treasurer went out of office, it was alleged that the 
item of $75.00 had not been paid by him, and suit was 
brought against him by the then school directors for the 
amount of the item. 

It was held tliat the settlement by the township aud- 
itors of the account of the treasurer of a school district, is 
conclusive unless on appeal. It was held further, that six 
years having elapsed since the treasurer went out of office 
before suit brought, he was protected by the statute of lim- 
itations. '^ 

Appeal from settlement of auditors. 

488. It shall be lawful for the township, or the officer 
accounting, to appeal from such settlement to the court of 
common pleas of the same county, within thirty days after 
such settlement, whereupon the court may direct an issue 
to determine disputed facts if necessary : Provided, That no 
appeal by such officer shall be received, unless the appellant 
shall enter into a recognizance, with two sufficient sureties, 
condilioned to prosecute the appeal with effect, and to pay 
all costs accruing thereupon.^" 

Tax payer may appeal from auditor's report. 

489. Hereafter any tax pa^^er of or in any school dis- 
trict in this Commonwealth, whether a resident or non-res- 
ident tax payer, may make in behalf of the school district 
the appeal allowed by the first section of the act, entitled 
^' A supplement to an act for the regulation and continuance 
of a system of education by common schools," passed the 
twenty-first day of May, eighteen hundred and fifty-seven, 
within the time allowed, as in other cases of appeals from 
the reports of township auditors: Provided, That the tax, 
payer appealing shall enter into a recognizance with one or 
more sufficient sureties, conditioned, that the party appeal- 
ing will prosecute said appeal with effect, and that said party 
will pay all costs that may accrue thereon, in case the party 



19. Porter vs. School Directors, 18 Pa. 144, 185 1. 

20. Act Apiil 15, 1834, Sec. 104, P. L. 538. 



AUDITORS 209 

appealing fail to obtain a final decision more favorable to the 
school district wherein the decision, from which the appeal 
was taken, was made.^' 

Exceptions to rulings of the court in pending appeals. 

490. Hereafter in all cases pending and undetermined 
in any court of common pleas in this Commonwealth, which 
are appeals from settlements or reports made by county, bor- 
ough or township auditors, it shall be lawful for any party 
to except to any ruling or decision of the court upon any 
question or point of law that may arise ; and an appeal may 
be taken therefrom to the Superior or Supreme Court : 
Provided, That such exceptions and appeals shall be gov- 
erned and regulated by the laws now in force, regulating 
exceptions and appeals to the Supreme and Superior Courts 
in civil cases. ^^ 

A township auditor, although ineligible to the office of 
school director, may elect which office he will hold.^^ 



21. Act June 24, 1885, Sec. i, P. L. 162. 

22. Act May 11, 1901, Sec. i, P. L,- 185. 

23. Commonwealth vs. Whitlock, 12 D. R. 791, 1903. 



CHAPTER XIX. 

DISTRICT SCHOOL LIBRARIES. 

FACJE 

491. Establishment of district libraries. Directors to select school 

house and provide cases 2io> 

492. School boards to receive money. Purchase of books. Annual 

accounts — , , „.... 211 

493. Title. Larceny of books, etc. Punishment., , 2ir 

394. Use of books regulated. Liability for lost books 212: 

495. Rules and regulations to be established , ., 212; 

496. Librarian. Settlement , 212 

497. Duties of directors. Selection of books,, , ,.., ,.... 21^ 

498. Use of books, who entitled to use 21J 

499. Legal possession. Ownership 214. 

500. Gifts and bequests „ 214 

501. The several school districts of ;he Commonwealth, except 

cities of the first and second class, may establish and main- 
tain a free public library 214 

502. Use of school houses, 215 

503. Taxation for free public libraries., 215 

504. Gifts and endowments for library 215 

505. Repeal , 216 

506. Distribution of library , 216 

507. School boards ntay take private propKsrty for public library 

purposes ,.., 216 

508. Damages. Viewers. Notice of meeting , 217 

509. Duty of viewers. Report to court. Judgments 217 

510. Appeal from award of viewers. Trial by jur}' 21S 

511. Notices , 21S 

512. Compensation of viewers 21S 

513. School directors may extend aid to libraries already estab- 

lished. Taxes 219 

514. Manager''s ainnual report. Accounts to be audited 219 

515. Adjoining townships may establish libraries. Aid to existing 

library. Agreement. Tax levy .'. 219 

516. Annual report. Audit of account , , 220 

517. Borotigh councils may ;ij(l free public libraries 220 

518. Appropriation, limit...., , 22I 

519. Library trustees, powers and duties. Election 221 

520. When election of trustees may be dispensed with 221 

521. Supervision of libraries 222 

522. Adjoining school districts may join in establishing and main- 
taining free public libraries, or join in aiding tho.se other- 
wise established 222 

Establishment of district libraries. Directors to select school 
house and provide cases. 

491. Whenever, by subscription, or otherwise, a collec- 
tion of books or funds, to purchase the same, shall have 



DlSTRlCt SCHOOL XIBRAMTeS ^11 

been obtained, to form a public library, in and for any com- 
".mon school district in this Commonwealth, it shall be the 
•duty of the board of directors thereof, for the time being, to 
select the most suitable school house therein in whicb said 
library shall be placed, preferring if otherwise expedient, the 
school house in which the district institute is held, and to 
provide, out of the school funds of the district, a suitable 
•case, or cases, for said iibi^ry, and for such additional books 
as may be annually added thereto.^ 
Board to receive money. Purchase of books. AnHual accounts. 

492. It shall be the duty of the said directors, to re- 
ceive into the district treasury all moneys contributed, or 
otherwise obtained for the purchase, or increase, of the dis- 
trict library, and to select and purchase the books therefor, 
or to appoint a committee of the board, or of not less than 
three citizens of the district, to make such selection and 
purchase ; and also, from time to time thereafter, to make 
additional selections and purchases, in the same manner, but 
that no books shall be donated, or placed in said library, 
without the approbation and consent of the selecting com- 
mittee ; nor shall the proper board of directors appropriate 
any of the school funds of the district to the purchase of 
books for the library, except such works of a strictly profes- 
sional character, as shall be necessary and proper for the 
study and improvement of the teachers of the proper dis- 
trict ; and all moneys received by said board, for library pur- 
poses, shall be annually accounted for, at the settlement of 
its accounts, in the same manner as common school funds 
are now by law accounted for.^ 

Title. Larceny of books, etc. How punishable. 

493. The legal possession and ownership of the books^ 
cases and other appendages of the district library shall be and 
remain in the proper board of directors, and their successors 
in office, as trustees for the district ; and that the felonious 
taking and carrying away thereof, or of any part thereof, 
or of any book, article of apparatus or furniture, from or 



1. Act May 5, 1864, Sec. i, P. L. 826. 

2. Act May 5, 1864, Sec. 2, P. L,. S26. 



212 COMMON SCHOOL LAW 

belonging to any common school house, shall and is hereby 
declared to be larceny; and the breaking into a common 
school house at night, with intent to commit larceny, as 
herein set forth, or any other felony, shall and is hereby 
declared to be burglary ; and that any larceny or burglary 
so committed shall be punished as in other cases under ex- 
isting statutes. 3 

Use of books regulated. Liability for lost books. 

494. Any person over twelve years of age and resident 
in the proper district, whether" contributor or not to the 
library, shall be entitled without charge to the use of the 
books thereof; according to the rules and regulations 
thereof; but that no book shall be issued to any minor, 
nor, without the order of his or her parent, guardian or 
master, who shall thereupon become liable to all the penal- 
ties for the abuse, loss or undue detainment of any book by 
said minor; and all entries of the issue of books duly made 
in the library list, by the librarian at the time of such 
issue, shall be prima facie evidence thereof in a suit for any 
penalty or for the value of any book.'^ 

Rules and regulations to be established. 

495. The proper board of directors and their successors 
in office, shall make, and from time to time as shall be 
proper, alter and amend the necessary rules, and regulations 
for the care, issue, use and return, of the books of the dis- 
trict library, and ordain such penalties for the abuse, loss, 
or undue detainment thereof, as to them shall seem just and 
proper ; which penalties shall be recoverable, as debts of 
like amount are now, by law, recoverable ; and such penal- 
ties shall either be payable to the librarian, in compensation 
of his services, or into the library fund, as the proper board 
of directors shall determine.^ 

Librarian. Settlement. 

496. The secretary of the proper board of directors, or 
such other member as the board may select, shall be the 



3. Act May 5, 1864, Sec. 3, P. L. 826. 

4. Act May 5, 1864, vSec. 4, P. L. 826. 

5. Act May 5, 1864, Sec. 5, P. L. 826. 



DISTRICT SCHOOL LIBRARIES 213 

:general librarian of the district library, and that the principal 
teacher of the school, held in the house in which the library 
is kept, shall be the assistant librarian, while in charge of 
said school ; and while so in charge, such assistant librarian 
shall have the charge of the library, so far as relates to the 
care, issue and return, of books, and the keeping of the list 
thereof ; but that neither the librarian, as secretary, nor the 
assistant as teacher, on going out of office, shall receive 
his final installment of salary, till he shall have first ac- 
counted for all the books belonging to the library, to the 
satisfaction of the proper board.^ 

Duties of directors. Selection of books. 

497. When the pupils or other persons connected with 
any common school shall have procured books, or funds for 
the purchase of books for a school library therefor, it shall 
be the duty of the directors of the proper district to provide 
out of the scliool funds of the district a suitable case therefor 
and also for such additions as may subseqiiently from time to 
time, be made thereto ; and the selection and purchase of the 
books for such school library, and of all additions thereto, 
shall be made by a committee composed of tlie teacher of 
the school, for the time being, and of not less than two par- 
ents of pupils attending such school, to be chosen by all the 
attending pupils ; but that no books shall be donated to or 
placed in snid library, without the approval of the proper 
selecting committee, aud that it shall not be lawful for the 
board of directors to appropriate any of the funds of the 
district to the purchase of books for said school library.'' 

Use of books. 

498. x'lll pupils of the proper school, and no other, 
shall be entitled to the use of the books of said library at 
their homes, subject to such rules relating to the care, use 
and return thereof, as the aforesaid committee for the selec- 
tion and purchase thereof shall from time to time establish; 
and that one of tlie pupils, of said school, to be selected by • 



6. Act May 5, 1864, Sec 6, P. L. 826. 

7. Act May 5, 1864, Sec. 7, P. L. 826. 



214 COMMON SCHOOL LAW 

the other pupils, with the consent of the selecting commit- 
tee aforesaid, shall be the librarian of the school library.^ 

Legal possession. Ownership. Issue list. 

499. The legal possession and ownership of the school 
library shall be in the proper board of directors ; the felon- 
ious taking thereof shall be larceny ; the issue list thereof 
shall be prima facie evidence of delivery, and the penalties 
for the abuse, loss or detention of books, shall be recovera- 
ble as hereinbefore provided in the case of district libra- 
rian. '^ 

Gifts and Bequests. 

500. It shall be lawful for the common school direct- 
ors, of any district to receive, hold and use, any devise, be- 
quest, gift, grant or endowment of property, whether real 
or personal, which may be made to them for the establish- 
ment, increase or support, either of a district, or of a school 
library in existence or to be established under the provis- 
ions of this act, and the same to apply to the establishment, 
increase and efficiency thereof, subject, however, to any 
terms, conditions or restrictions, attached to such devise, 
bequest, gift, grant or endowment, and not inconsistent with 
the purposes of this act ; and the said directors and their 
successors in office, shall have authority to bring suit and 
do all other things necessary for the recovery, use and ap- 
plication of the same to the purposes aforesaid.'" 

The several school districts of the Commonwealth, except cities of 
the first and second class, may establish and maintain a free 
public library. 

501. For the purpose of securing a system of free, non- 
sectarian, public libraries on a substantial and permanent 
basis throughout the Commonwealth, authority is hereby 
given to the board of school directors, or to any board or 
organization having control of the common schools, in each 
and every common school district, except in cities of the 
first and second class, whenever the same may be decided 



8. Act May 5, 1864, Sec. 8, P. L. 826. 

9. Act May 5, 1864, Sec. 9, P. L. 826. 
10, Act May 5, 1864, Sec. 10, P. L. 826. 



DISTRICT SCHOOL LIBRARIES 215 

Upon by a majority vote of all the members thereof, to pro. 
vide a place for and establish and maintain such public li- 
brary for the general use of the residents in the district, 
subject to the ensuing provisions of this act." 
School houses may he used. 

502. The board may set aside the whole or a portion 
of any school house, now or hereafter erected, within the 
district for the uses and purposes of such library, having 
due regard to the convenience of the citizens, and may 
make any changes, repairs or additions that may be neces- 
sary to properly carry out the objects of this act; or at its 
option may lease, purchase or erect a suitable building in 
some convenient location for the use, storage and accom- 
modation of such library, but no land or structure shall be 
purchased or building commenced until the cost thereof has 
been fully provided for under the laws regulating the erec- 
tion of new school houses within the district.'^ 

Taxation for free public libraries. 

503. It shall be lawful for said board to levy a tax for 
the purchase, improvement and maintenance of said library, 
not exceeding one mill in any one year, which tax shall be in- 
cluded in the tax levy made for school purposes, upon the 
same subjects of taxation, and shall be collected at the same 
time and in the same manner. '^ 

Gifts and endowments, etc., for library. 

504. It shall be lawful for the school board of any 
common school district, and their successors in office, to 
receive and hold, free from all collateral inheritance tax, any 
devise, bequest, grant, endowment, gift, donation or contri- 
bution of property real, personal or mixed which shall be 
made for the establishment, improvement or maintenance 
of a public library as herein provided for, and the same to 
apply to the purpose for which made or given, and said 
board, or their successors in office, are hereby authorized to 



11. Act June 28, 1895, Sec. i, P. L. 411. 

12. Act June 28, 1895, Sec. 2, P. L. 411. 

13. Act April 20, 1905, Sec. 3, P. L. 231. Amending Sec. 3, Act June 

28, 1895, P. L. 411. 



2l6 COMMON SCHOOL LAW 

bring suit and do all necessary acts for the recovery, hold- 
ing, use and application thereof: Provided, That this act 
shall not apply to cities of the first class : Provided, fur- 
ther, That in cities which have established a board of 
trustees for the management of a free library established by 
said municipality, any land or buildings appropriated to 
free library purposes under the operation of this bill shall 
be under the control of said board of trustees. '^ 
Repeal. 

505. All laws or parts of laws inconsistent herewith 
are repealed. '^ 

Distribution of library. 

506. In addition to the authority now vested in any 
board of school directors to establish one central library, 
under the provisions of the act to which this is a supple- 
merit,'^ the school' directors, board, or organization having 
control of the common schools of any district, may, at their 
option, divide and distribute among the various schools of 
the district any library which has been or which shall be 
hereafter established in any school district under the pro- 
visions of the aforesaid act, in such manner and subject to 
such regulations as may seem wise and proper to the school 
directors, board, or organization having control of the dis- 
trict in which said library is established. '^ 

School boards may take private property for public library pur= 
poses. 

507. It shall be lawful for, and the right is hereby con- 
ferred upon borough councils and also on school boards of 
this Commonwealth, to purchase, acquire, enter upon, take, 
use and appropriate private property for the purpose of 
using, enlarging or extending grounds now used or which 
shall hereafter be used for public library purposes, within 
the corporate limits thereof, by ordinance or resolution as 
may be determined thereon.'^ 



14. Act June 28, 1895, Sec. 6, P. L. 411. 

15. Act June 28, 1895, Sec. 7, P. L. 411. 

16. Act June 28, 1895, P. L- 411. 

17. Act of May 11, 1901, P. L. 179. 

18. Act May 11, 1901, Sec. i, P. L. 169. 



DISTRICT SCHOOL LIBRARIES 217 

Damages. Viewers. Notice of meeting. 

508. Whenever any borongli council or scliool board, 
in the exercise of the right so conferred, has acquired, taken, 
used, or appropriated, or shall hereafter acquire, take, use 
and appropriate, private property for public library purposes, 
and said borough council or school board cannot agree with 
the owner or owners thereof, lessee or lessees of such pri- 
v^ate property, upon the compensation for the property and 
damages done, or when by reason of the absence or legal 
incapacity of any such owner or owners, lessee or lessees, no 
such compensation can be agreed upon ; the court of common 
pleas of the proper county, or any judge thereof in vacation, 
on application thereto by petition by said borough council 
or school board, or such owner, lessee, or any person inter- 
ested, shall appoint three discreet, disinterested citizens of 
said county as viewers, to view and ascertain the damages 
done by reason of such taking, use, appropriation, occu- 
pancy or injury, and shall appoint a time, not less than 
twenty nor more than sixty days thereafter, for said viewers 
to meet at or upon the premises were the damages are al- 
leged to be sustained or the property taken, of which time 
and place ten days notice shall be given by the petitioner 
to said viewers and all parties interested by personal ser- 
vice, when such service can be obtained, otherwise by pub- 
lic notice in one or more newspapers, or by handbills 
posted on the premises, or in such other manner as said 
court may direct.'^ 

Duty of viewers. Report to court. Judgments. 

509. The viewers, or an}' two of them, having been 
duly sworn or affirmed faithfully, justly and impartially to 
decide and a true report m2(ke concerning all matters and things 
to be submitted to them, and in relation to which they are 
authorized to inquire into in pursuance of the provisions of 
this act, and having viewed the premises or examined the 
property, shall estimate and determine the quantity, quality 
and value of the land or property so entered upon, used, ap- 
propriated or injured, as the case may be ; and having a due 



19. Act May 11, 1901, Sec. 2, P. 1,- 169, 



2l8 COMMON SCHOOL LAW 

regard to, and making- a just allowance for, the advantages 
which may have resulted or which may seem likely to result 
to the owner or owners of said land or property, in conse- 
quence of the taking, enlarging or extending of such public 
library grounds, and after having made a fair and just com- 
parison of said disadvantages and advantages to which the 
owner or owners may receive to any nearby property, they 
shall estimate and determine whether any, and if any what 
amount of damages has been or may be sustained, and to 
whom payable, and make report thereof to said court. 

If any damages be awarded, and the report of said 
viewers be confirmed by said court, judgment shall be en- 
tere4 thereon ; and if the amount thereof be not paid within 
sixty days after the entry of such judgment, then judgment 
shall be collected by due legal process, as other judgments 
are collected from borough councils or school boards. ^° 
Appeal from award of viewers. Trial by jury. 

510. Upon the report of said viewers or any two of 
them, any party interested may, within twenty da5'S there- 
after, file an appeal from said report to said court, in writ- 
ing and accompanied with an affidavit that the same is not 
for the purpose of delay, but because the affiant firmly be- 
lieves that injustice has been done; and after such appeal, 
either party may put the cause at issue, in the form directed 
by said court, and the same shall be tried by said court and 
a jury, and after final judgment, either party may appeal to 
the superior or supreme court, under the provisions and in 
the manner prescribed in other cases.^' 

Notices. 

511. The said court of common pleas shall have power 
to order what notices shall be given in connection with any 
of the proceedings, and may make all such orders as it may 
deem requisite.^^ 

Compensation of viewers. 

512. The costs incurred in the proceedings shall be 
defrayed by said borough council or school board ; and each 

20. Act May 11, 1901, Sec. 3, P. L. 169. 

21. Act May ii, 1901, Sec. 4, P. L- 169. 

22. Act May ii, 1901, Sec. 4, P. L. 169. 



DISTRICT SCHOOL LIBRARIES 219 

of the viewers shall be entitled to receive a sum not exceed- 
ing five dollars per day ; or such compensation as the said 
court shall decide upon, not exceeding five dollars per day, 
for every day necessarily employed in the performance of 
their duties. ^^ 

5choo! directors may extend aid to libraries already established. 
Taxes. 

513. In any school district, except cities of the first and 
second class, wherein there is or shall hereafter be established, 
otherwise than under the provisions of the act to which this 
is a supplement, a free non-sectarian public library, the 
school directors, board or organization having control of 
the common schools of said district may, instead of estab- 
lishing another public library and providing for its govern- 
ment, extend aid to such library on such terms as to con- 
trol and management as shall be agreed upon between the 
managers thereof and the school authorities, and for that 
purpose may levy the taxes provided for in the act to which 
this is a supplement in the manner provided therein. ^'^ 
Managers' annual report. Accounts to be audited. 

514. The managers of any public library receiving aid 
under this act shall annually report to the school board fur- 
nishing such aid an account of the expenditure of the 
money so received, under the oath of the managers or their 
secretary and treasurer, and such account shall be subject to 
the jurisdiction of the auditors by whom the accounts of 
the school board are audited in like manner as their ac- 
counts, ^s 

Adjoining townships may establish libraries. Aid to existing li^ 
brary. Agreement. Tax levy. 

515. When any township surrounds and immediately 
adjoins any borough within this Commonwealth, within 
either of which there is or shall be hereafter established, 
otherwise than under the provisions of the act to which 



23. Act May 11, 1901, Sec. 4, P. L. 169. 

24. Act March 30, 1897, Sec. i, P. L. 10. 

Note. — This act is a supplement to the Act June 28, 1895. P. L. 411. 
Supra Sec. 501. 

25. Act March 30, 1897, Sec. 2, P. L. 10. 



220 COMMON SCHOOL LAW 

this is a supplement, a free, noii -sectarian, public school li- 
brary, the school directors, boards or organizations having 
controT of the common schools of said districts, may, in- 
stead of establishing another public library and providing 
for its maintenance, join in extending aid to such library, 
already established, guaranteeing such aid, in such propor- 
tion, and on such terms as to control and management, as 
shall be agreed upon between the managers thereof and the 
school authorities of said respective districts ; and for that 
purpose may levy the taxes provided for in the act to which 
this is a supplement, in the manner therein provided.^'' 
Annual report. Audit of account. 

516. The managers of any public library receiving aid 
under the provisions of this act, shall annually report to 
to the school boards furnishing such aid, an account of the 
money so received, under the oath of the managers, or of 
their secretary and treasurer, and such account shall be sub- 
ject to the jurisdiction of the auditors by whom the ac- 
counts of their respective school boards are audited, in like 
manner as their own accounts.--' 

Borough councils may aid free public libraries. 

517. For the purpose of establishing and maintaining 
free public libraries on a permanent basis tliroughout the 
Commonwealth, authority is hereby given to the town coun- 
cils of the boroughs of this state to make appropriation or 
appropriations for or in aid of the establishment or mainte- 
nance, or either, of a free public library or libraries now in- 
corporated, or that may hereafter be incorporated, for the 
use of the residents within any of the said boroughs, upon 
condition that the municipal authorties shall be repre- 
sented to the satisfaction of said councils in the manage- 
ment of such librarv or libraries.'^ 



26. Act April 2, 1903, Sec. 2, P. L,. 133. 

Note. — This act is a supplement to the Act of June 28, 1895, P. L,. 
411. Supra Sec. 501. 

27. Act April 2, 1903, Sec. 3, P. L,. 133. 

28. Act May 25, 1897, Sec. i, P. L. 84. 



DISTRICT SCHOOL LIBRARIES 221 

Appropriation, limit. 

518. The councils may appropriate anuiially from the 
taxes levied and collected for borough purposes for the es- 
tablishment and maintenance of such library or libraries, 
not to exceed one mill on a dollar on all taxable property in 
such boroughs. ^9 

Library trustees, powers and duties. Election and term of mem- 
bers. Vacancy. 

519. The public library of each district shall be under 
the general management of nine trustees acting as the agents 
and appointees of the school board who shall approve all 
plans for its storage and accommodation, purchase and take 
charge of all books, maps, documents, relics and literary, 
historical or other contributions, appoint all employees and 
make all regulations, and do all things necessary to its gov- 
ernment, preservation and maintenance, subject to the ap- 
proval of the board. The president and treasurer of the 
board and the superintendent of the district (or if there is 
no such officer, the secretary of the board), shall be ex-officio 
members of the board of trustees. The other six members 
shall be elected by the school board, two each for one, two 
and three years, and annually thereafter two members shall 
be chosen by said board for the term of three years. Each 
trustee shall serve until his successor is elected and in case 
of a vacancy it shall be filled by the school board for the un- 
expired term. The trustees shall make a report to the 
school board once each year or oftener if called upon of such 
subjects and in such manner as may be required by said 
board.3° 

When election of trustees may be dispensed with. 

520. Any board of school directors of any township or 
borough, or any other organization having control of the 
common schools of any township or borough, may, when 
decided upon by resolution duly passed by a majority of the 
members of said board of school directors or other organi- 



29. Act May 25, 1897, Sec. 2, P. L. 84. 

30. Act May 11, 1901, Sec. i, P. L. 180. This act amends Sec. 4, Act 

June 28, 1895, P. L. 411. 



222 COMMON SCHOOL LAW 

zation having control of the common schools, as aforesaid, 
prior to the establishment of any library authorized by this 
act, dispense with the election of trustees, as hereinbefore 
provided ; in which case the powers given, and duties im- 
posed by said act to said trustees shall be assumed and ex- 
ercised, by said school directors and other organization 
having control of the common schools of said township or 
borough. 3" 

Supervision of libraries. 

521. All public libraries established as above shall be 
under the general supervision and subject to the inspection 
of the State Librarian, who is hereby empowered to require 
reports thereof to be made by the trustees at such time and 
in such manner as he may see proper.^^ 

Adjoining school districts may join in establishing and maintaining 
free public libraries, or join in aiding those otherwise estab= 
lished. 

522. When any township surrounds or immediately 
adjoins any borough within this Commonwealth, the school 
directors, boards, or organizations having control of the 
common schools of said borough and township, may join in 
the establishment and maintenance of a free, non-sectarian, 
public library in said borough or township, or partly in 
both, the expense of such establishment and maintenance 
to be borne by said borough and township, in such propor- 
tions as may be agreed upon by the school authorities of 
said respective school districts, and for that purpose may 
levy the taxes provided for in the act to which this is a 
supplement. 33 



31. Act May 11, 1901, Sec. i, P. L. 180. This act amends Sec. 4, Act 

June 28, 1895, P. L. 411. 

32. Act June 28, 1895, Sec. 5, P. L. 411. 

33. Act April 2, 1903, Sec. i, P. L. I33- 

Note. — This act is a supplement to the act of June 28, 1895, P. L. 
411. Supra. Sec. 501, 503. 



CHAPTER XX. 

SCHOOL TERM. 

PAGE 

523. School term 223 

524. Days for improvement of teachers 223 

525. Piesident of board to certify the whole number of months the 

schools have been kept open and in operation 224 

526. School month 224 

527. Legal holidajs 225 

528. Teaching on legal holidays forbidden ^ 225 

School term. 

523. The iiiiniinum school term shall be seven months, 
and after the close of the school year, endhig on the first 
Monday of June, one thousand eight hundred and ninety- 
nine, school directors or controllers shall keep the schools 
of their respective districts in operation at least seven 
months each year : Provided, That the length of the annual 
term may remain as at present in districts where the max- 
imum amount of tax allowed by law to be levied for school 
purposes, together with the amount of state appropriation 
to which the said districts are entitled, shall be found insuf- 
ficient to keep the schools open a greater length of time 
than six months.' 

Days for improvement of teachers. 

524. Two Saturdays in each month, as the proper 
board shall designate, which two Saturdays shall be held to 
be a part of the school month, may at the discretion, and 
by an affirmative vote of a majority of all the members of 
the board of directors or controllers, be appropriated to in- 
stitutes for the improvement of the teachers of the said dis- 
trict : Provided, That in districts, in which the schools are 
or shall be, kept open, and in operation the maximum term 
now allowed by law, and the teachers employed by the j'ear, 
the foregoing clause as to the number of days in the school 
month shall not apply any further, than that the reports 
and statistics of the school shall be kept in accordance 
therewith, and that district institutes may be held as there- 
bv directed.^ 



1. Act April 4, 1899, Sec. i, P. L. 31. 

2. Act April 17, 1865, Sec. i, P. L. 60. 



224 COMMON SCHOOL LAW 

President of board to certify the whole number of months the 
schools have been kept open and in operation. 

525. As soon as the schools of any district shall have 
closed for the school year, commencing on the first Monday 
in June preceding, the president of the board of directors or 
controllers shall certify, under oath or affirmation, as to the 
whole number of months the schools in their respective 
districts have been kept open and in operation, according 
to law ; also, that no teacher has been employed for or had 
charge of any of the schools of said district, during the year, 
who .had not a valid certificate from the county superinten- 
dent, together with the name and post-office address of the 
district treasurer, and shall forward the same to the county 
superintendent, who shall immediately approve said certifi- 
cate, if found to be correct, and transmit it to the state su- 
perintendent of common schools ; if it shall appear by said 
certificate, that the schools of the district have been kept 
open and in operation, according to law, at least four 
months subsequent to the first Monday in June preceding, 
and that no teacher has had charge of any of the schools of 
the district, during the whole time they have been kept 
open during the year, who had not a valid certificate from 
the county superintendent, the state superintendent shall 
draw his warrant upon the state treasurer, for the whole 
amount which such district is entitled to receive from the 
annual state appropriation: Provided, That the board of 
directors or controllers shall, at the same time, forward to 
the county superintendent a report of the condition of the 
schools in their respective districts, as directed in the 23d 
section of the act of May 8th, 1854 : And provided further, 
That said certificate and report shall have been transmitted 
to the superintendent of common schools, on or before the 
15th day of July of the school year succeeding the one for 
which the certificate and report were made ^ 

School month. 

526. A common school month shall hereafter consist 
of twenty days actual teaching, and, no school shall be kept 



3. Act April 17, 1865, Sec. 3, P. L. 62. 



SCHOOL TERM 225 

open, ill any district, for the purpose of ordinary instruction, 
on any Saturday, or on any legal holiday, or in any county, 
during the time of holding the annual county institute 
therein/ 

Legal holidays. 

527. The following days are named as legal holidays, 
to wit : The first day of January, commonly called New 
Year's day; the twelfth day of February, known as Lin- 
coln's birthday ; the third Tuesday of February, election 
day ; the twenty-second day of February, known as Wash- 
ington's birthday ; Good Friday ; the thirtieth day of May, 
known as Memorial day ; the Fourth of July, called Inde- 
' pendence day ; the first Monday of September, known as 
Labor day ; the first Tuesday after the first Monday of No- 
vember, Election day ; and the twenty-fifth day of Decem- 
ber, known as Christmas Day.^ 

Teaching on legal holidays forbidden. 

5 8. Mestrezat, J., said: "This was an action brought 
by the plaintiff against the defendant on April 9, 1894, be- 
fore a justice of the peace, to recover for services rendered 
as a school teacher. 

''The claim before the justice was $105 for teaching 
one of the schools of Henry Clay township for 60 days, be- 
ginning November 27, 1893, and ending March 17, 1894, 
at $35 per month. Before this suit was brought, the defen 
dant tendered to the plaintiff" the amount of his claim, less 
$5.25 claimed by the plaintiff" for teaching on New Year's 
Day, Washington's Birthday and Good Friday. On the 
trial of the cause in court, the defendant paid, and the plain- 
tiff" accepted, the amount of money tendered him. The de- 
fendant contends that the plaintiff" is not entitled to recover 
for teaching on the three days named because they are 
legal holida5^s, and that, by the Act of June 25, 1885, 
P. L. 176, teaching on those days is prohibited. On the 
other hand, the plaintiff claims that the fourth section of 



4. Act June 25, 1885, Sec. i, P. L. 176. 

5. Act June 23, 1897, Sec. i, P. L. 188, amending Act May 31, 1893, P. h- 

188. 



226 COMMON SCHOOL LAW 

the Act of May 31, 1893, P. L. 188, repeals the Act of 1885, 
and that therefore there is no prohibition against teaching 
on a legal holiday. 

"After the plaintiff had closed his testimony, we 
granted a non-suit, on the ground that the Act of 1885 was 
still in force, and that therefore the plaintiff could not re- 
cover for the s'ervices he rendered in teaching on the legal 
holidays named. 

" Notwithstanding the very able and ingenious argu- 
ment of plaintiff's counsel, we are not convinced that the 
Act of 1893 repealed the Act of 1885. On the other hand, 
for the reasons stated at the time the non-suit was granted, 
we have no doubt that the Act of 1885 is still in force. 

" The plaintiff therefore is not entitled to recover for 
teaching on New Year's Day, Washington's Birthday and 
Good Friday, they being legal holidays." ^ 



Thomas vs. School District of Henry Clay Township, 6 D. R. 230, 
1895. 



CHAPTER XXL 

COMPULSORY ATTENDANCE. 

PAGE 

529. Duty of parents, guardians, etc. Attendance. When school- 

boards may excuse 227 

530. Application of the act 228 

531. To what children act shall apply 228 

532. Report of emploj-ers 228 

533. Neglect of duty a misdemeanor 229 

534. Notice to parent 229 

535. Disposition of fines 230 

536. Power of attendance officers 230 

537. Disposition of truants 230 

538. Compensation of officers 231 

539. Boards may establish special schools 231 

540. Proceedings against truants for disorderly conduct 231 

541. Assessors to make a list of children, etc 232 

542. Report of teacher 233 

543. Refusal or neglect of officers 233 

544. Portion of appropriation may be withheld 234 

545. Parents may employ governess or private teachers without 

certificate and not violate the provisions of the act of July 
II, 1901, known as the compulsory school law 234 

546. District assessor 237 

Duty of parents, guardians, etc. Attendance. When school- 
boards may excuse. 

529. Every parent, guardian or other person in this 
Commonwealth, having control or charge of a child or chil- 
dren between the ages of eight and sixteen years, shall be 
required to send such child or children to a day school in 
which the common English branches are taught, and such 
child or children shall attend such school continuously dur- 
ing the entire time in which the public school in their re- 
spective districts shall be in session, unless such child or 
children shall be excused from such attendance by the board 
of the school district in which the parent, guardian or other 
person resides, upon the presentation to said board of satis- 
factory evidence showing such child or children are prevent- 
ed from attendance upon school or application to study bv 
mental, physical or other urgent reasons. But the term 
"urgent reasons" shall be strictly construed, and shall not 
permit of irregular attendance : Provided, That the school- 
board in each district shall have power, at its June meeting, 
to reduce the period of compulsory attendance to not less 



228 COMMON SCHOOL LAW 

than seventy per centum (70 per centum) of the school term 
in such district, in which case the board must, at that date, 
fix the time for the compulsory attendance.' 
Application of the act. 

530, This act shall not apply to any child, between 
the ages of thirteen and sixteen years, who can read and 
write the English language intelligently, and is regularly 
engaged in any useful employment or service. A certifi- 
cate of age and ability to read and write the English lan- 
guage intelligently shall be issued by the superintendent of 
schools, notary public, justice of the peace, or any other 
person duly authorized to administer oaths, in citie's and 
boroughs, and by the secretary of the school-board in rural 
districts : Provided, That in case there be no public school 
in session within two miles, by the nearest traveled road, of 
any person within the school district, he or she shall not 
be liable to the provisions of this act.^ 

To what children act shall apply. 

531. This act shall not apply to any child that has 
been or is being otherwise instructed in English, in the 
common branches of learning, for a like period of time, by 
any legally qualified governess or private teacher in a fam- 
ily : And provided further, That any teacher or principal 
of any private school or educational institution shall report 
non-attendance, as provided in section five (5) of this act.^ 
Report of employers. 

532. Any person employing a child or children shall fur- 
nish, on or before the the third Monday of the school term, 
and quarterly thereafter, to the superintendent of schools, 
to the secretary of the board of school directors, or control- 
lers, of the district in which such child or children reside, 
the names, age, place of residence, and name of parent or 
guardian of every person under the age of sixteen years in 
his employ at the time of said report : And provided also, 



1. Act July II, 1901, Sec. i, P. L. 658. 

2. Act July II, 1901, Sec. i, P. L. 658, as amended by act April 10, 1905, 

P. L. 131. 

3. Act July II, 1901, Sec. i, P. L. 658. 



i 



COMPULSORY ATTENDANCE 229 

That the certiiicate of any principal or teacher of a private 
school, or of any institution for the education of children, 
in which the common English branches are taught, setting 
forth that the work of said school is in compliance with the 
provisions of this act, shall be sufficient evidence thereof, and 
the teacher or principal of said school or institution shall 
have the power to excuse any child or children for non- 
attendance during temporary periods, in accordance with 
the provisions of this act.^ 
Neglect of duty a misdemeanor. 

533. For every neglect of duty imposed by the first 
section of this act, the principal or teacher, or person in pa- 
rental relation, offending, shall be guilty of a misdemeanor, 
and shall upon conviction thereof before a justice of the 
peace, magistrate or alderman, forfeit a fine not exceeding 
two dollars on first conviction, and a fine not exceeding five 
dollars for each subsequent conviction ; and in default of 
payment of said fine, the defendant may be committed to 
the county prison for a period not exceeding two days for 
the first conviction, and for a period not exceeding five 
days for each subsequent conviction : Provided, Upon con- 
viction, the defendant or defendants may appeal to the court 
of quarter sessions of the peace of the proper county, within 
five days, upon entering into recognizance with one surety 
for the amount of fines and costs.^ 

Notice to parent. 

534. Before such penalty shall be incurred, the parent, 
guardian or other person liable therefore shall be notified in 
writing by the superintendent of schools, or the secretary 
of the school board, or by the attendance officer, if there be 
one, of such liability, and shall have opportunity, by com- 
pliance with the requirements of this act, within three school 
days, then and thereafter, to avoid the imposition of such 
penalty. But after such notice has been served, if the same 
child is absent from school three days, or their equivalent 
in time, during the remaining period of compulsory attend- 



4. Act July II, 1901, Sec. I, P. L. 658. 

5. Act July II, 1901, Sec. 2, P. L,. 658. 



230 COMMON SCHOOL LAW 

ance, without excuse as provided by section one (i) of this 
act, the parent, guardian, or person in parental relation, 
shall be liable to prosecution under this act, without further 
notice.^ 

Disposition of fines. 

535. The fines provided for by this act shall, when col- 
lected, be paid over by the officers collecting the same into 
the school treasury of the respective districts, for the use of 
the said school district of the city, borough or township in 
which such person convicted resides, to be applied and ac- 
counted for by such treasurers in the same way as other 
moneys raised for school purposes ; such fines shall be col- 
lected by a process of law similar to the collection of other 
fines. 7 

Power of attendance officers. 

536. Board of school directors or school controllers 
shall in cities, and may in all other school districts, employ 
one or more persons to be known as attendance officers, who 
shall, in addition to the duties provided elsewhere in this 
act, have full police power without warrant, and whose duty 
it shall be to look after and arrest and apprehend truants 
and others who fail to attend school in accordance with the 
provisions of this act.^ 

Disposition of truants. 

537. When an attendance officer arrests or apprehends 
any truant or other person, as herein set forth, he shall have 
power, immediately to place him or her in the school in 
which he or she is or should be enrolled, or at the expense 
of the parent, guardian or person in parental relation, in 
such private school, as provided by section one (i) of this 
act, as the parent, guardian or person in parental relation 
may select. And in case the parent, guardian or person in 
parental relation shall refuse or neglect, immediately to se- 
lect such school, the school board or board of school cou- 



6. Act July II, 1901, Sec. 2, P. L. 658. 

7. Act July II, 1901, Sec. 2, P. L. 658. 

8. Act July II, 1901, Sec. 3, P. L. 658. 



COMPULSORY ATTENDANCE 23 1 

trollers shall have full power to designate the school in 
whicli the child shall be placed.^ 
Compensation of officers. 

538. The persons appointed such attendance officers 
shall be entitled to such compensation as shall be fixed by 
the boards appointing them ; but, in townships, shall not 
exceed two dollars per day ; and such compensation may be 
paid out of the school fund.'° 

Boards may establish special schools. 

539. Boards of directors or controllers of any school 
district, or of two or more districts jointly may establish 
special schools for children who are habitual truants, or who 
are insubordinate or disorderly during their attendance upon 
instruction in the public schools, and may provide for the 
proper care, maintenance and instruction of such children 
in such schools, for such period of time as the board may 
prescribe. But before the pupil shall be placed in such spe- 
cial school, the parent, guardian or person in parental rela- 
tion shall have opportunity to be heard." 

Proceedings against truants for disorderly conduct. 

540. All truancy and incorrigibility shall be deemed 
disorderly conduct. And in case no special school, as here- 
in prescribed, has been established, the superintendent of 
schools or secretary, or attendance officer if there be one, 
shall proceed against such truant or incorrigible pupil as a 
disorderly person, before a justice of the peace, magistrate or 
alderman, and upon conviction the pupil may be sentenced to 
any special or reformatory school supported wholly or in part 
by the state, or at the option of the school board or board 
of controllers, be committed to the care of a society, duly 
incorporated, having for one of its objects the protection of 
children from cruelty or the placing of children, not other- 
wise provided for, in families ; and in case of a commitment 
of a child or children to the care of such society, the board 
of directors or controllers of the district may provide for 



9. Act July II, 1901, Sec. 3, P. L. 65S. 

10. Act July II, 1901, Sec. 3, P. L. 658. 

11. Act July II, 1901, Sec. 3, P. L. 658. 



232 COMMON SCHOOL LAW 

the expense of the maintenance and education of such child 
or children out of that part of the school fund within its 
control which shall have been appropriated to said board by 
the local authorities of such district.'^ 
Assessors to make list of children, etc. 

541. It shall be the duty of the assessors of voters of 
every district, when not notified and directed to the con- 
trary by the school board, at the spring registration of 
voters or as soon as possible thereafter, to make in a sub- 
stantial book, provided by the superintendent of public in- 
stitution at the expense of the state, for that purpose, a care- 
ful and correct list of all children between the ages of six 
and sixteen within his district, giving the full name, date 
of birth, age, sex, nationality, residence, sub-school district, 
name and address of parent or person in parental relation, 
and the name and location of the school where the child is 
enrolled, or the cause of non-enrollment, and the name and 
address of the employer of any child under sixteen years of 
age that is engaged in any regular employment or service ; 
which enumeration, after approval by the secretary of the 
said school district, shall be returned by the said assessor to 
the county commissioners of the county in which the enu- 
meration is made, whose duty it shall be to forward the 
same, or a certified copy thereof, to the secretary of the 
proper school district, prior to July fifteenth of each year, 
who shall immediately furnish the principal or teacher of 
each school with a correct list of all children in his or her 
district who are subject to the provisions of this act ; and 
the said county commissioners shall furnish a summary of 
such statistics to the superintendent of public institution, 
upon blanks provided by the state. And the said assessors 
shall be paid, out of the county funds, a per diem compen- 
sation for their services, a sum equal to the compensation 
paid under existing laws for assessors of election ; said ser- 
vices not to exceed ten days : Provided, That prior to Feb- 
ruary first of any year, any board of directors or controllers 
of any school district may authorize such enumeration to be 



12. Act July II, 1901, Sec. 3, P. L. 658. 



COMPULSORY ATTENDANCE 233 

made by the attendance officers or other persons, at the ex- 
pense of the school district, under the same conditions as 
herein provided for assessors : Provided further. That the 
attendance officers, if there be any, or the superintendent of 
schools, or the secretary of the school board, shall have the 
power to add to this register the names of children within 
the prescribed ages whose names do not appear thereon. '* 
Report of teacher. Notice. Costs of prosecution. 

542 It shall be the duty of each teacher in the school 
district to report immediately to the attendance officer or 
the superintendent of schools, or the secretary of the board 
of directors or controllers, the names of all children, on the 
list previously furnished by said superintendent or secre- 
tary, who have been absent three days or their equivalent 
without lawful excuse ; when, if it shall appear that any 
parent, guardian or other person having control of any child 
or children shall have failed to comply with the provisions 
of this act, after notification in writing as provided in sec- 
tion two, the superintendent or secretary, or attendance of- 
ficer if there be one, in the name of the school district, shall 
proceed against the offending party or parties, in accordance 
with the provisions of this act : Provided further, That if 
sufficient cause be shown for the neglect of the requirements 
of this act, or if the costs of prosecution cannot be collected 
from the defendant, said cost may be paid out of the district 
funds upon a proper voucher approved by the board of di- 
rectors or controllors."' 
Refusal or neglect of officers a misdemeanor. 

543. The superintendent of schools or secretary, or at- 
tendance officer if there be one, of any board of directors or 
controllers who wilfully refuses or neglects to comply with 
the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof, before an alderman, magistrate 
or justice of the peace, shall forfeit a fine not exceeding 
twenty-five dollars. '^ 



13. Act July II, 1901, Sec. 4, P. L,. 658. 

14. Act July II, 1901, Sec. 5, P. L,. 658. 

15. Act July II, 1901, Sec. 6, P. L. 658. 



234 COMMON SCHOOL LAW 

Portion of appropriation may be withheld. 

544. The state superintendent of public instruction 
may withhold one-fourth state appropriation from any 
school district which neglects or refuses to enforce the pro- 
visions of this act in a manner and degree satisfactory to 
the state superintendent of public instruction,'^ 

Parents may employ governess or private teachers without certif- 
icate and not violate the provisions of the Act of July 11, 190 1, 
known as the ♦♦ Compulsory School Law." 

545, Judge E. W. Biddle said : "On January 12, 1903, 
the secretary of the school board of West Pennsboro town- 
ship made an information before a justice of the peace 
against Brady McCullogh, of said township, charging him 
with violation of the provisions of the act of July 1 1, 1901, P. 
L. 658, popularly known as the " Compulsory school law." 
The alleged offense was that the defendant refused to send 
his twelve-year-old daughter to a public school, without hav- 
ing had her excused from attendance by the board of direct- 
ors. After a hearing the justice adjudged him to be guilty 
and imposed upon him a fine of $2 and the costs. From 
this action of the justice the defendant appealed to the court 
of quarter sessions, wherein a trial was held, and by agree- 
ment of counsel a special verdict was rendered by the jury 
as follows : 

" I. That the defendant removed his child from the 
public school because he believed that the treatment 
she received from the teacher was injurious to her men- 
tally and physically, but that the child did not apply to 
the board of directors to excuse her from attendance and 
refused since to apply for the same. 

" 2. That since defendant removed his child from the 
public schools she has been instructed in English in the 
common branches of learning by a private teacher in his 
family, who is well qualified to give such instruction, but 
said private teacher had no certificate from the county su- 
perintendent of public schools, nor was her examination by 
McCrea and Martin authorized by the superintendent or board 
of directors, nor has she since applied for a certificate. 



16. Act July II, 1901, Sec. 7, P. L. 658. 



COMPULSORY ATTENDANCE 235 

'* If, under these findings of facts, the court should be 
of opinion that under the law the defendant is guilty, then 
we find him guilty in manner and form in which he stands 
indicted ; otherwise we find him not guilty, and county for 
costs." 

"The law is settled in Pennsylvania that, in disposing 
of a special verdict, the court is confined to the specific 
facts which it contains and cannot supplement them by a 
resort either to the testimony or to any other outside source 
of information: Tuigg vs. Treacy, 104 Pa. 493; Common- 
wealth vs Grimes, ii6 Pa, 450. Tested by this principle, 
it is evident that for various reasons the special verdict 
would not warrant the court in pronouncing the defendant 
guilty. It is deficient in that it does not set forth that the 
offense was committed in Cumberland County, or that it 
occurred within the period of two years before the bill of 
indictment was found, or that the defendant was notified of 
his liability before suit was brought, or that there was a 
public school in session within two miles of his home. In 
view of the foregoing the defendant is entitled to a verdict 
of not guilty. 

"For the benefit of the various boards of school direct- 
ors of the county, the counsel on both sides of the case 
have requested the court to give an opinion as to the mean- 
ing of the following important proviso, which appears in 
the said act of assembly : " Provided, That this act shall not 
apply to any child that has been or is being otherwise instruct- 
ed in English in the common branches of learning, for a like 
period of time, by any legally qualified governess or private 
teacher in a family." The vital question is, can any one 
be " legally qualified " to teach in a family who is not the 
holder of a teacher's certificate from a county, city or bor- 
ough superintendent, or a state normal school ? 

The word "governess" means "a woman who teaches 
children in their homes," and the succeeding words of the 
sentence " or private teacher in a family" have exactly the 
same signification, except that they apply alike to men 
and women. By the act of May 8, 1854, P. h. 617, it was 
specified that no teacher shall be employed in any school to 



236 COMMON SCHOOL LAW 

teach branches other than those set forth in his certificate ; 
and the subsequent acts of April 9, 1867, P. L. 51, and May 
21, 1 901, P. L. 269, take a further step in the right 
direction by specifying certain mental and moral qual- 
ifications which a teacher must possess in order to obtain a 
certificate of any kind. The act of May 8, 1854, is entitled 
"An act for the regulation and continuance of a system of 
education by common schools;" the act of April 9, 1867, 
is a supplement to the same, and the act of May 21, 1901, 
is an amendment of the supplement. Their provisions con- 
cerning teachers relate exclusively to those connected with, 
or who desire to become connected with, the common 
schools, and have no reference whatever to other teachers. 

"The act of July 12, 1897, P. L 248, amending the orig- 
inal compulsory educational law of May 16, 1895, P. L. 72, 
provided as follows : " That this act shall not apply to any 
child that has been or is being otherwise instructed in Eng- 
lish in the common branches of learning for a like period of 
time." Such was substantially the language used in the 
former act, and it is argued on the behalf of the Common- 
wealth that the incorporation of this language into the act 
of July II, 1901, with the addition thereto of the words" by 
any legally qualified governess or teacher in a private family," 
has made an essential change in the law, and that to be 
" legally qualified " involves the holding of a teacher's cer- 
tificate. 

"After mature reflection we cannot agree with this 
view, because there is no statute which fixes the qualifica- 
tions of a private teacher. The act of July 11, 1901, is 
penal in its character and must, therefore, be construed 
strictly. In regard to this subject. Judge Endlich says in 
section 330 of his Commentary on the Interpretation of Stat- 
utes : " It maybe here added that the rule of strict construc- 
tion in the case of penal statutes requires that where an act 
contains such an ambiguity as to leave reasonable doubt of its 
meaning, it is the duty of the court not to inflict the penalty ; 
that where it admits of two constructions, that which op- 
erates in favor of life or liberty is to be preferred." Again 
in section 340 : "It is presumed that the legislature does 



COMPULSORY ATTENDANCE 237 

not desire to confiscate the property, or to encroach upon 
the rights of persons, and it is therefore expected that if 
such be its intention, it will manifest it plainly, if not in 
express words, at least by clear implication and beyond rea- 
sonable doubt." 

"Our conclusion is that if the legislative body had de- 
signed the act of July ii, 1901, to seriously affect the legal 
status and rights of private teachers who do not hold certif- 
icates, and also to brand as a criminal the person who 
should employ one of their number to give home instruc- 
tion to a child which might otherwise be sent to school, it 
would have plainly said so. In the abseuce of words which 
either expressly or by clear implication show an intent of 
that kind, we decide that "legally" as used in the proviso 
has no technical iuiport, and, if considered at all, should be 
interpreted to mean "well"' or "suitably." The doctrine 
is established that every word and phrase shall be given due 
effect, if practicable, yet if a sensible meaning cannot be at- 
tached to a particular word or phrase, it must be elimin- 
ated in the construction. From the above it logically fol- 
lows, under the facts set forth in the special verdict, that 
the child of the defendant received lawful and proper in- 
struction at home, and that the defendant did not commit a 
breach of the law by having her instructed there by a 
"well-qualified" teacher, notwithstanding such teacher did 
not hold a certificate." '^ 
District Assessor. 

546. The County Commissioners must pay the district 
assessor out of the county funds for making the enumera- 
tion of school children under the provisions of the compul- 
sory school law.'^ 



17. Commonwealth vs. McCullogh, 12 D. R. 258, 1903. 

18. Assessors' Compensation, 17 Pa., C. C. 572, 1896. 



CHAPTER XXIL 

POWER OF TH E COURTS OF QUARTER SESSIONS OVER CHIL- 
DREN UNDER SIXTEEN YEARS OF AGE. 

PAGE 

547. Preamble of act defining the powers of courts of quarter sess- 

ions with reference to care and control of children under 
age of sixteen years 238 

548. Jurisdiction of courts of quarter sessions 239 

549. " Dependent child," " neglected child," " incorrigible child," 

and "delinquent child" defined 239 

550. Juvenile court. Sessions. Records. Assignment of judge... 239 

551. Powers of the courts may be exercised upon petition 240 

552. Certificate of magistrate or justice of the peace 240 

553. Certificate of the district attorney 240 

554. Action of the judge 240 

555. Powers of the judge. Custody and control of the child 240 

556. Appointment of probation officers. Duties 241 

557. Commitment of child. Order on parents or guardians 241 

558. Discharge from reformatory institutions. Record 242 

559. Guardianship. Legal adoption. Guardianship not to include 

estate 242 

560. Care of the child 242 

561. Unlawful to confine child in jail, police station 242 

562. Limit of commitment 243 

563. Religious belief 243 

564. Approved family home 243 

565. Commitment of delinqueni child under the age of twelve years 244 

566. Trials upon indictment 244 

Preamble of act, defining the powers of courts of quarter sessions, 
with reference to care and control of certain children under 
age of sixteen years. 

547. Whereas, The welfare of the state demands that 
children .should be g-uarded from association and contact 
with crime and criminals, and the ordinary process of the 
criminal law does not provide such treatment and care and 
moral encotiragement as are essential to all children in the 
formative period of life, but endangers the whole future of 
the child ; 

And Whereas, Experience has shown that children, 
lacking proper parental care or guardianship, are led into 
courses of life which may render them liable to the pains 
and penalties of the criminal law of the state, although in fact 
the real interests of such child or children require that they 
be not incarcerated in penitentiaries and jails, as members 
of the criminal class, but be subjected to a wise care, treat- 



POWER OF COURTS OVER CHILDREN 239 

inent and control, that their evil tendencies may be check- 
ed and their better instincts may be strengthened ; 

And Whereas, To that end, it is important that the 
powers of the courts, in respect to the care, treatment and 
control over depsndent, neglected, delinquent and incorri- 
gible children, should be clearly distinguished from the 
powers exercised in the administration of the criminal law : 
Jurisdiction of courts of quarter sessions. 

548. The courts of quarter sessions of the peace, within 
the several counties of this Commonwealth, shall have and 
possess full jurisdiction in all proceedings which may be 
brought before them affecting the treatment and control of 
dependent, neglected, incorrigible and delinquent children, 
under the age of sixteen years.' 

"Dependent child," " neglected child," ♦' incorrigible child" and 
" delinquent child " defined. 

549. For the purpose of this act the words " de- 
pendent child " and " neglected child " shall mean any 
child who is destitute, homeless, abandoned, or depen- 
dent upon the public for snpport, or who has not proper 
parental care or guardianship. The words " incorrigi- 
ble children " shall mean any child who is charged by 
its parent or guardian with being unmanageable. The 
words " delinquent child " shall mean any child, includ- 
ing such as have heretofore been designated " incorrigible 
children," who may be charged with the violation of any 
law of this Commonwealth, or the ordinance of any city, 
borough or town.ship.^ 

Assignment of judge. Juvenile court. Sessions. Records. 

550. The powers of the court of quarter sessions of the 
peace, as provided for in this act, may be exercised by any 
one or more judges of such court, who may be assigned for 
the purpose at a session of said court, which shall be known as 
the juvenile court ; and all sessions of such juvenile court 
shall be held separate and apart from any session of the 
court held for the purpose of its general criminal or other 

1. Act April 23, 1903, vSec. i, P. ly. 274. 

2. Act April 23, 1903, Sec. i, P. L. 274. 



240 COMMON SCHOOL LAW 

business, and the records of the proceedings of such juven- 
ile court shall be kept in a docket, separate from all other 
proceedings of said court. ^ 
Powers of the court may be exercised. Petition of citizen. 

551. The powers of the court may be exercised : 

(i.) Upon the petition of any citizen, resident of the 
county, setting- forth that a child is neglected, dependent 
or delinquent, and is in need of the care and protection of 
the court. 
Certificate of magistrate or justice of the peace. 

552. (2.) Whenever any magistrate or justice of the 
peace, in committing a child, arrested for an indictable of- 
fense, shall certify that, in his opinion, the good of the child 
and the interests of the state do not require a prosecution 
upon an indictment, under the criminal laws of the Com- 
monwealth. 

Certificate of the district attorney. 

553 (3) Whenever, after return made by a magistrate 
of the proceedings, upon the arrest of such delinquent child 
for an indictable offense, the district attorney of the county, 
either before or aftej- the indictment, shall certify that, in 
his opinion, the good of the child and tlie interest of the 
state do not require a prosecution upon an indictment, under 
the criminal laws of this Commonwealth, 
Action of the judge. 

554. (4) Whenever, upon the trial of any indictment 
of such delinquent child, the judge trying the cause is of 
opinion that the good of the child and the interests of the 
state do not require a conviction under the criminal laws 
of this Commonwealth.'* 

Power of the judge. Custody and control of the child. 

555. Upon the filing of any petition, as above set forth, 
or whenever the jurisdiction of the court has attached by the 
filing of a certificate of a magistrate or justice of the peace, or 
of the district attorney, or by the action of a judge, as above 



3. Act April 23, 1903, Sec. i, P. L. 274. 

4. Act April 23, 1903, Sec. 2, P. L. 274. 



POWER OF COURTS OVER CHILDREN 24 1 

set forth, it shall be within the power of the judge, holding 
said juvenile court, to make all necessary orders for com- 
pelling the productioii of such child, and the attendance of 
the parents and all persons having the custody or control of 
the child, or with whom the child may be ; and pending 
the final disposition of any case, the child shall be subject to 
the order of the court, and may be permitted to remain in 
the control of its parents or the person having it in charge, 
or of the probation officer, or may be kept in some place 
provided by the state or county authorities, or by any asso- 
ciation having for one of its objects the care of delinquent 
01; neglected children, as the court may order.s 
Appointment of probation officers. Duties of. 

556. The court shall appoint or designate one or more 
discreet persons, of good character, to serve as probation 
officers during the pleasure of the court ; said probation of- 
ficers to receive no compensation from the public treasury ; 
and it shall be the duty of all probation officers, so appoint- 
ed, to make such investigations as may be required by the 
court, to be present in court when the case is heard, and to 
furnish to the court such information and assistance as the 
judge may require, and to take such charge of any child, 
before and after trial, as may be directed by the court.^ 
Commitment of ehild. Order on parents or guardians. 

557. At the hearing, the judge or judges holding such 
session of the court, shall determine, after an inquiry into 
the facts, what order for the commitment and custody and 
care of the child, the child's own good and the best interests 
of the state may require ; and may commit such child to 
the care of its parents, subject to the supervision of a pro- 
bation officer, or to some suitable institution, or the care of 
some reputable citizen of good moral character, or to the 
care of some training school, or to an industrial school, or 
the care of some association willing to receive it ; and in 
either such case it shall be within the power of the court 
to make an order upon the parent or parents of any such 



5. Act April 23. 1903, Sec. 2, P. L,. 274. 

6. Act April 23, 1903, Sep. 3, P. L. 274. 



2'42' COMMON SCHOOL LAW 

child to contribute to the support of the child, such sum as 

the court nia}- deterniiue.'' 

Proviso. Discharge from reformatory institution. Record. 

558. It being further provided that, in all cases in 
which a delinquent child shall be committed to the care of 
a reformatory institution, when such child shall be dis- 
charged from such institution, the court shall be duly ad- 
vised thereof, and a record of such discharge shall be kept 
in the juvenile court docket.^ 

Guardianship. Legal adoption. Guardianship not to includeestate. 

559. In any case where the court shall award a depend- 
ent child to the care of any association or individual, in ac- 
cordance with the provisions of this act, the child shall, 
unless otherwise ordered, become a ward, and be subject 
to the guardianship of the association or individual to whose 
care it is committed. Such association or individual shall 
have authority to place such child in a family home, with 
or without indenture, and may be made party to any pro- 
ceedings for the legal adoption of the child, and may, by its 
or his attorne}' or agent, appear in any court where such 
pi'oceedings are pending and assent to sueh adoption. And 
such assent shall be sufficient to authorize the court to enter 
the proper order or decree of adoption. Such guardianship 
shall not include the guardianship of any estate of the child. ^ 

Care of the child. 

560. In the case of a delinquent child, the court may 
continue the hearing from time 10 time ; and may com- 
mit the child to the care and guardianship of a probation 
officer, duly appointed by the court, and may allow said child 
to remain in its own home, subject to the visitation of the 
probation officer, such child to report to the probation offi- 
cer as often as may be required, and subject to be returned 
to the court, for further proceedings, whenever such action 
may appear to be necessary ; or the court may commit the 
child to the care and guardianship of the probation officer, 

7. Act April 23, 1903, Sec. 4, P. L. 274. 

8. Act April 23, 1903, Sec. 4, P. L. 274. 

9. Act April 23, 1903, Sec. 5, P. L. 274. * 



IPOWER OF COURTS OVER CHILDREN 243 

lio be placed in a suitable family home, subject to the super- 
vision of such probation officer ; or it may authorize the 
said probation officer to board out the said child in some 
suitable family home, in case provision is made by volun- 
tary contribution or otherwise for the payment of the board 
of such child, until a suitable provision may be made for 
the child in a home without such payment ; or the court 
may commit the child to a suitable institution for the care 
of delinquent children, or to any society, duly incorporated, 
having- for one of its objects the protection of dependent or 
delinquent children.'" 
Unlawful to confine child in jail, police station, etc. 

561. No child, pending a hearing under the provisions 
of this act, shall be held in confinement in any county or 
other jail, police station, or in any institution to which 
adult convicts are sentenced.-' 

Limit of commitment. 

562. No order for the commitment of any child, in any 
proceedings had under this act, shall extend to a period be- 
yond when such child shall attain the age of twenty-one 
years. '^ 

Religious belief. 

563. The court, in making all orders for the commit- 
ment of children, shall place them, as far as possible, in care 
and custody of persons having the same religious belief as 
the parents of the child, or with some association which is 
controlled by persons of such religious belief; and shall, as 
far as possible, provide, in making orders of commitment, 
that the care, custody and discipline of the child shall be as 
nearly as possible that which should be given by its parents.^^ 
Approved family home. 

564. In all cases where it can properly be done, the child 
shall be placed in an approved family home, and become a 
member of the family by legal adoption or otherwise.''^ 



10. Act April 23, 1903, Sec. 6, P. L. 274. 

11. Act April 23, 1903, vSec. 7, P. L,. 274. 

12. Act April 23, 1903, Sec. 8, P. I,. 274. 

13. Act April 23, 1903, Sec. 9, P. L. 274. 

14. Act April 23, 1903, Sec. 9, P. I^. 274. 



244 COMMON SCHOOL LAW 

Commitment of delinquent child under the age of twelve years. 

565. It shall not be lawful to commit the custody of 
any delinquent child, under the age of twelve years, to any 
institution of correction or reformation, unless, after the 
care and oversight given such child under the probation 
system provided for by this act, the court finds that the best 
interests of the child and the welfare of the community re- 
quire such commitment ; and it shall not be lawful to com- 
mit the custod}' of any neglected or dependent child, who 
is delinquent, to any institution of correction or reformation 
in which delinquent children are received, nor shall any 
delinquent child be committed to any institution in which 
dependent or neglected children are received. '^ 

Trials upon indictment. 

566. Nothing herein contained shall be in derogation 
of the powers of the courts of quarter sessions and oyer and 
terminer to try, upon an indictment, any delinquent child 
who, in due course, may be brought to trial. '^ 



15. Act April 23, 1903, Seo. 10, P. L. 274. 

16. Act April 23, 1903, Sec. 11, P. L. 274. 



. CHAPTER XXIIL 

TEACHERS. 

PAGB 

567. Qualifications 246 

568. Teachers to be examined in physiology and hygiene 246 

569. Examination in physical culture 246 

570. Humane education 246 

571. Provisional certificate. To whom granted 247 

572. Professional certificate. To whom granted 247 

573. Renewal 247 

574. Permanent certificate. To whom granted. Authority to 

annul 248 

575. Examination for permanent certificate 248 

576. Permanent certificates issued on recommendation of committee 

elected by county institute. Exceptions 249 

577. Election of certain grades of teachers for two or three years. 

Dismissal 249 

578. School board of a township may employ teachers for the term 

of three years under act of June 25, 1885 250 

579. Permanent state teachers' certificate. To whom granted 252 

580. Form of application. Power of superintendent of public in- 

struction to annul permanent state teachers' certificates 252 

581. Granting of permanent state teachers' certificates to college 

graduates 253 

582. Interstate comity 254 

583. Limitation of the provisions of the act 255 

584. Annulment 255 

585. Duty of teacher to make monthly report 255 

586. Power of directors over teachers '. 255 

587. When teachers' contracts are valid 256 

588. Substantial compliance 256 

589. President and secretary cannot make contract 257 

590. Directors cannot elect teachers by secret ballot 257 

591. Duty of school directors. To record the vote in employing 

school teachers 259 

592. School boards should not exclude women because of their sex 261 

593. Teachers of stenography and typewriting 262 

594. Right of patrons to petition for or against the appointment of 

a teacher 262 

595. Minimum salary of school teacher 263 

596. Dismissal of teacher for immorality. Accused entitled to 

be heard 263 

597. Dismissal of teacher for incompetency 264 

598. Dismissal of teacher for refusing to be vaccinated 264 

599. Teachers may be dismissed for insubordination and disobe- 

dience 266 

600. Liability of school directors for the dismissal of a teacher 266 

601. Power of school board to pass upon the charge of cruelty of a 

teacher 267 

602. Teachers have the right to use corporal punishment 268 



246 COMMON SCHOOL LAW 

603. Government of schools. Corporal punishment 272 

604. Offenses out of school 274 

605. Quo warranto 275 

Qualifications. 

567. No teacher in this Commonwealth shall receive 
from a county, city or borough superintendent, a certificate 
as a teacher who has not a fair knowledge of orthography, 
reading, writing, geography, English grammar, mental and 
written arithmetic, history of the United States, the theory 
of teaching, and civil government, including state and lo- 
cal, and elementary algebra ; nor shall such certificate be 
given to any person who is in the habit of using, as a 
beverage, any intoxicating drinks, or habitually takes opium ; 
and all certificates given to teachers shall set forth the 
branches in which those holding them have been found pro- 
ficient, and indicate by suitable marks the degree of that 
proficiency.' 

Teachers to be examined in physiology and hygiene. 

568. No certificate shall be granted any person to teach 
in the public schools of the Commonwealth or in any of the 
educational institutions receiving money from the Common- 
wealth, who has not passed a satisfactory examination in 
physiology and hygiene, with special reference to the effects 
of alcoholic drinks, stimulants, and narcotics upon the hu- 
man system.^ 

Examination in physical culture. 

569. In cities of the first and second class, teachers 
must be examined in physical culture.^ 

Humane education. 

570. A system of humane education has been establish- 
ed in our j)ublic schools and while the act does not declare 
that teachers shall be examined, yet every teacher should 
inform himself on the subject."^ 



I. Act Ma)' 21. 1901, P. L. 269, amending Act April 9, 1867, Sec. 11, P. 

Iv, 55. 
2 Act April 2, 1885, Sec. 3, P. L. 7- 

3. Act March 8, 1901, Sec. 2, P. L. 49. 

4. Act March 27, 1905, P. L. 60. 



TEACHERS 247 

Provisional certificate. To whom granted. 

571. County, city or borough superintendents shall is- 
sue two grades of teachers' certificates, one of which shall 
be called a provisional certificate, and shall be given to ap- 
plicants possessing a fair knowledge of the following 
branches, to wit : Orthography, reading, writing, geography, 
English grammar, mental and written arithmetic, history 
of the United States, the theory of teaching-^ physiology, 
and hygiene, with special reference to the effects of alco- 
holic drinks, stimulants and narcotics upon the human sys- 
tem^, civil government, including state and local, and ele- 
mentary algebra, 7 or to those who, possessing a thorough 
knowledge of the branches, have little or no experience in 
teaching, and shall license the holder to teach in the county, 
city or borough where issued, for one year, and which shall 
not be renewed without a re-examination.^ 

Professional certificate. To whom granted. 

572. The act also provides that the other (certificate) 
shall be called a professional certificate, and shall be given 
only to those who possess a thorough knowledge of the same 
branches (as required for the provisional certificate), and 
who have had successful experience in teaching, and shall 
license the holder to teach in the county, city or borough, 
where issued, during the official term of the county, city or 
borough superintendent issuing it, and for one year there- 
after. ^ 

Renewal. 

573. Any professional certificate may be renewed by a 
county, city or borough superintendent without re-examin- 
ation, after having fully satisfied himself, by personal obser- 
vation, in his or her school, of the competency and skill, as 
a teacher, of the person holding it.'°. 



5. Act April 9, 1S67, Sec. 11, P. L. 55. 

6. Act April 2. 1885, Sec. 3, P. L. 7- 

7. Act May 21, 1901, P. L. 269; 

8. Act April 9, 1867, Sec. 12, P. L. 55. 

9. Act April 9, 1867, Sec 12, P. L. 55; 
10. Act April 9, 1867, Sec. 12, P. L. 55. 



248 COMMON SCHOOL LAW 

Permanent certificate. To whom granted. Authority to annul. 

574. The superintendent of public instruction shall 
cause to be prepared a new grade of teacher's certificate, to 
be called a permanent certificate, which shall be granted by 
him to practical teachers holding professional certificates 
upon the recommendation of the board or boards of directors 
in whose employment the applicant shall have taught for 
the three preceding annual school terms, which shall be 
countersigned by the proper county, city or borough super- 
intendent in office when the application shall be made, 
and approved, after examination, by a committee for 
each county or city in case a separate teachers' annual insti- 
tute is held therein, which committee shall consist of three 
practical teachers holding a valid teachers' certificate, who 
shall be appointed and commissioned as examiners for a 
term of three years by the superintendent of public instruc- 
tion, and who shall be subject to removal by him at any 
time, and such permanent certificate shall continue to be 
valid in such county, city or borough unless forfeited accord- 
ing to the provisions of this act, and shall also entitle the 
holder to teach one year in any other county, city or borough 
in this Commonwealth, without re-examination, at the end of 
which time it may be indorsed by the proper county, city 
or borough superintendent, if, from personal knowledge, he 
deem it worthily held, and it shall then confer upon the 
holder the same rank and privileges as in the county, city 
or borough where issued, and such permanent certificate 
shall only be annulled upon complaint, duly proven of in- 
competency, cruelty, negligence or immorality made to the 
state superintendent of common schools by a county, city 
or borough superintendent and a committee of teachers elect- 
ed and constituted as aforesaid." 

Examination for permanent certificate. 

575. All examinations for permanent certificates for 
teachers in the common schools, shall be by written ques- 
tions and answers ; and in case the examination of the appli- 



II. Act June 28, 1895, Sec. 9, P. L. 417, amending Act April 9, 1867, 
Sec. 12, P. L, 55- 



TEACHERS 249 

cant is satisfactory to the coininittee of teachers on perma- 
nent certificates, the list of questions and answers, with all 
other papers accompanying the application, shall be forward- 
ed to the department of public instruction, and if approved 
by the superintendent of public instruction, he shall issue 
and forward to the applicant a permanent certificate, in ac- 
cordance with the recommendation made by the committee, 
as now required by law ; Provided, That the questions shall 
be answered immediately and in the presence of the com- 
mittee.'^ 

Permanent certificates issued on recommendation of committee 
elected by county institute. Exceptions. 

576, Any permanent certificate granted or hereafter 
issued on the recommendation of a committee of teachers, 
duly elected at the annual session of the county institute, 
shall be a valid certificate, and shall continue to be valid in 
all the districts of the county where issued, including the 
several cities and boroughs within the county, except such 
cities and boroughs as may be authorized by law to 
hold separate annual teachers' institutes, and empowered to 
recommend the granting of permanent certificates, which 
certificates shall be valid only in the city or borough where 
issued '^ 

Election of certain grades of teachers for two or three years. Dis= 
missal. 

577. Local school boards of the various townships, bor- 
oughs and wards, and boards of education, boards of control 
and other bodies having authority, under the laws of this 
Commonwealth, to elect principals and assistant teachers of 
public high and state normal schools of said Commonwealth, 
may elect principals and assistant teacliers, holding the grade 
of " professional certificates," for two successive school 
terms, and those holding the grade of " permanent certifi- 
cates," or diplomas, issued by state normal schools of this 
Commonwealth, for three successive school terms : Pro- 
vided, That any of the aforesaid boards shall have power, at 
any time, to dismiss any principal or assistant teacher in 



12. Act June 22, 18S3, Sec. i, P. L. 156. 

13. Act June 22, 1883, Sec. 2, P. L,. 156. 



250 COMMON SCHOOL LAW 

their employ for any of the causes mentioned in the act of 
May 8, one thousand eight hundred and fifty-four, of the 
school laws of this Commonwealth.''* 

School board of a township may employ teachers for the term of 
three years under act of June 25, 1885. 

578. In accordance with this action of the school board, 
the president and secretary entered into a written contract 
with the plaintiff, employing her to teach in the schools of 
the district for a period of three successive school terms at a 
salary of $45 per month. It was admitted upon the trial that 
the plaintiff has a diploma from the state normal school. 
Under the contract above mentioned, the plaintiff taught 
one of the schools of the defendant district for two succes- 
sive years, and was prevented from teaching the third year 
by the election of another teacher, who was placed in 
charge of the school formerly taught by the plaintiff and 
who refused her permission to teach therein, although offer- 
ing to do so for a number of successive days at the open- 
ing of the school term. 

The present action is brought to recover the amount 
of the plaintiff's salary or wages as a teacher for ten months 
from August to May. A recovery was had in the court be- 
low for the full amount. On appeal the Superior Court 
affirmed tlie judgment of the lower court. 

The defendant school district seeks to evade payment 
on the ground that contract with the plaintiff is invalid be- 
cause the school board had no authority to enter into such 
a contract for three years. 

The contract entered into by the president and secre- 
tary, in accordance with the power granted to them by the 
board in the resolution, as recorded in the minutes, was a 
sufficient contract upon which to base a recovery, if the 
board had authority to employ the plaintiff for the period 
of three terms, and this involves the construction of the act 
of June 25, 1885, P. L. 175, in which it is provided: 

" That, on and after the passage of this act, local school 
boards of the various townships, boroughs and wards, and 



14. Act June 25, 1885, Sec. i, P. L. 175. 
Act May 8, 1854. Infra Sec. 586. 



TEACHERS 251 

boards of education, boards of control and other bodies hav- 
ing authority, under the laws of this Commonwealth, to elect 
prhicipals and assistant teachers of public high and state 
normal schools of said Commonwealth, may elect principals 
and assistant teachers holding the grade of professional cer- 
tificates for two successive school terms, and those holding the 
grade of permanent certificates or diplomas issued by state 
normal schools of this Commonwealth for three successive 

school terms." 

It is claimed by the appellant that this does not relate 
to the election of teachers of ordinary public schools, inas- 
much as there is no comma between public and high. At 
the time the said act was passed, however, there was no 
authority to establish high schools within the townships of- 
the Commonwealth, that power having been conferred by the 
act of June 28, 1895 P. L. 413- I'he power to make the con- 
tracts for three years was based substantially upon the quali- 
fications of the teacher, and, if qualified to teach in a high or 
normal school and authority was given to make a contract 
for three years under such circumstances, it is difficult to 
see why the school directors of a township should not have 
the power to elect for a similar period for schools of a lower 
grade. In the publication of the school laws by the school 
department, it is proper to say that a comma appears after 
the word "public" without determining whether or not we 
have the power to read a comma into the act, it is, never- 
theless, apparent that it applies to schools below the grade 
of a high school which were then in existence in the several 
townships of the state. If the word " public " simply qual- 
ifies the word " high," it would have been simply conferring 
a power upon the school directors of the townships to elect 
teachers for schools which had no existence and no legal 
authority for existence at the time the act was passed. 

The contract, under which the plaintiff claims, having 
been, therefore, authorized by law and voted by the school 
directors substantially in compliance with the terms of law, 
and the plaintiff being admittedly qualified, we are of opin- 
ion that the contract of employment bound the township 
for the full term stipulated therein and that, having been 



252 COMMON SCHOOL LAW 

deprived of the right to teach, in accordance with the terms 
of her employment, and having been unable as she testifies, 
to secure employment elsewhere, she had the right to recover 
in this action. '5 

Permanent state teachers' certificates. To whom granted. 

579. The state superintendent of public instruction be 
empowered to and shall grant, without examination, perma- 
nent state teachers' certificates to all applicants therefor, who 
are graduates of recognized literary or scientific colleges le- 
gally empowered to confer the degrees of Bachelor of Arts (B. 
A.),Masterof Arts(M. A.), Bachelor of Science (B. S.), Master 
of Science (M. S.) and Bachelor of Philosophy (Ph. B.), and 

, whose course of study embraces not less than four collegiate 
years : Provided, Said applicants are at least twenty-one 
years of age and have taught at least three full annual terms 
in the public schools of the Commonwealth : Provided 
further. That each applicant shall produce to the said state 
superintendent of public instruction a certificate from the 
school board or boards, countersigned by the county super- 
intendent of the same county where he or she last taught, 
showing that the said applicant is a person of good moral 
character ; has been successful as a teacher in the public 
schools during said term : And provided further, That 
said certificate sliall be granted by the state superintendent 
of public instruction, after having received satisfactory evi- 
dence from the said applicants that they have complied with 
the requirements of this act.'^ 

Forms of applications. Power of superintendent of public instruct 
tion to annul perrnanent state teachers' certificates. 

580. The forms of application shall be submitted by 
applicants, and the certificates to be issued in accoidance 
with the provisions of this act shall be prescribed and deter- 
mined by the superintendent of public instruction, and he 
shall have authority to annul such certificates granted by 
himself or his predecessors in office, upon complaint duly 



15. Burke vs. School District, 28 Pa. Superior Ct., 16, 1905. 

16. Act May 10, 1893, Sec. i, P. L. 39. 



TEACHERS 253 

proven, of incompetency, cruelty, negligence or immorality 
on the part of the holder thereof'' 

Granting of permanent state teachers' certificates to college 
graduates. 

581. Attorney-General Hensel said : " I beg to acknowl- 
edge your oral request for a construction of and for advice 
upon the act of May 10, 1893, relative to the grant of per- 
manent certificates to graduates of certain literary institu- 
tions " legally empowered to confer " certain degrees, etc. 
The title of the act relates to graduates of "recognized literary 
and scientific colleges," but in the body of the statute these 
vague and indefinite terms are supplanted by words of exact 
and precise meaning. 

" Literary or scientific colleges" legally empowered to 
confer" the degrees specified in the act, in my opinion, com- 
prise only such as have the express "authority of law " to 
confer them. Such authority must be found either in the 
special statutes incorporating them or in the general corpo- 
ration laws enacted since 1873, providing a uniform system 
formation of corporations for " the support of any literary, 
medical or scientific undertaking, literary association, or the 
promotion of music, painting or other fine arts." 

" The powers of a corporation must be given in plain 
words or by necessary implication. All powers not given 
in this direct and unmistakable manner are withheld. A 
corporation can take nothing by construction." Common- 
wealth vs. E. & N. R. R. Co., 27 Pa. 339. 

" Before the Constitution of 1873 and the corporation 
act of 1874 were adopted, literary institutions, such as class- 
ical and scientific colleges, were chartered specially by the 
legislature, and they were invested with express power to 
confer degrees by the statutes erecting them into corpora- 
tions. So far as this power was ever delegated to the courts, 
its limitation was long ago made the subject of judicial con- 
struction. In the case of St. Mary's Church, 6 Serg. & 
Rawle, 505, Tilghman, C. J., said : " In this business of 
charters, the court acts under the grant of an extraordinary 



17. Act May 10, 1893, Sec. 2, P. L. 39. 



254 COMMON SCHOOL LAW 

power of a special nature, and is confined to the cases de- 
scribed in the acts of Assembly." In the case of the Medi- 
cal College of Philadelphia, 3 Wharton, 445, the Supreme 
Court refused to incorporate a medical college with power 
to grant degrees, no such privilege being conferred by the 
act of 1 79 1. These principles have controlled the courts 
since their enunciation and are recognized as the settled law. 

" In the Duquesne College Charter, 12 Pa. C. C. 491, 
the Alleghany county court held that the courts having 
power, by grant of the legislature, to charter colleges, had 
no power to invest them with the right of conferring degrees. 
Whether this power passes to and rests in an educational 
institution by necessary implication, is a mooted question, 
the right answer to which, it must be admitted, should de- 
pend somewhat on the kind of institution that claims the 
right. If there is a lack of legal authority at present to 
charter institutions of any kind with power to confer de- 
grees, the necessity is one that appeals for legislative rather 
than judicial action. Pending the consummation of it, the 
cause of literature and of scholarship is less likely to suffer 
from a paucity than from a redundancy of degrees. 

" For the purposes of your present inquiry, I advise you 
that you are not required to grant, without examination, 
permanent certificates under the act of 1893, except to grad- 
uates of colleges " legally empowered " to confer degrees, 
and the general incorporation of a literary institution under 
the act of 1874 does not " legally empower" it with the 
right." '^ 
Interstate comity. 

582. For the purpose of establishing interstate comity 
in permaneut licenses to teach, the superintendent of public 
instruction of the state of Pennsylvania be, and he is hereby, 
authorized to endorse normal school diplomas and perma- 
nent certificates granted to teachers in other states in the 
Union : Provided, That such normal school diplomas or per- 
manent certificates are valid licenses to teach in the states 
by whose authorities they were issued : And provided fur- 



18. Certificates to College Graduates, 14 Pa. C. C. 108, 1893. 



TEACHERS 255 

ther, That such diplomas or certificates be accompanied by 
recommendations showing the holder to have taught suc- 
cessfully within two years, and such normal school diplomas 
and permanent certificates, when so endorsed, shall be availa- 
ble for like purpose, and have the same force and effect, as 
certificates of like grade, for like purpose, by the superinten- 
dent of public instruction of this Commonwealth,"^ 
Limitation of the provisions of the act. 

583. The provisions of this act shall be extended only 
to those states which by legislative enactment grant the 
same privilege to teachers of this Commonwealth.^" 
Annulment. 

584. The superintendent of public instruction shall 
have authority to annul such normal school diplomas and 
permanent certificates, endorsed and validated by himself or 
predecessors in office, upon complaint duly proven, of in- 
competence, cruelty, negligence or immorality on the part 
of the holder thereof.^' 

Duty of teacher to make monthly report. 

585. It shall be the duty of every teacher to make out 
and file with the board of directors or controllers of the dis- 
trict, at the end of each month, a report, setting forth the 
whole number of pupils attending school during the month, 
designating whether male or female, the number of days 
each attended, the books used and branches taught ; and 
until such report shall have been made, it shall not be law- 
ful for the board of directors to pay said teacher for his or 
her services. The reports made in pursuance of the fore- 
going provisions shall be regularly filed by the secretary of 
the board of directors or controllers, and shall at all times 
be sul)ject to the inspection of any citizen of the district.^^ 
Power of school directors over teachers. 

586. School directors shall have the appointment of all 
the teachers of common schools in the district, fix the 



19. Act May 11, 1901, Sec. i, P. L,. 183. 

20. Act May 11, 1901, Sec. 2, P. h. 183. 

21. Act May 11, 1901, Sec. 3, P. L. 183. 

22. Act May 8, 1854, Sec. 27, P. 1,. 617. 



/ 



256 COMMON SCHOOL LAW 

amount of teachers' salaries, and may dismiss them at any 
time for incompetency, cruelty, negligence or immorality.^^ 

When teachers' contracts are valid. 

587. Mr. Justice Gordon said in part : " By the act of 
April II, 1862, teachers can only be selected by the school 
board, and so specific is this act upon this subject, that it 
requires the names of the members voting both in the af- 
firmative and negative, to be recorded upon the minutes. 
This statute is a valuable one, intended to. compel the ex- 
pression of each individual member of the school board on 
a subject all important in the public education, and this for 
the very purpose of preventing jobbery, and the exercise of 
a one-man power, in the conduct of common schools ; we 
are, therefore, not inclined to permit the abrogration of its 
force and efficiency by a weak construction designed to meet 
a particular case." ^^ 

In discussing the same statutory provision for the se- 
lection of teachers, Mr. Justice Sterrett said in Dyberry 
School District vs. Mercer, 115 Pa. 564: "They are wise 
and wholesome provisions intended to correct gross abuses 
which had gradually crept into the administration of our 
school system, and hence it is not requiring too much to 
insist on a substantial compliance with the spirit if not the 
very letter of the act." 
Substantial compliance. 

588. The only instance in which a departure from the 
strict letter of the law has been allowed, are when the min- 
utes show that all the members were present: Tobin vs. 
Morgan, 70 Pa. 229; or where, less than the whole number 
being present, the minutes set forth their names Genesee 
Township vs. McDonald, 98 Pa. 444, and show in each 
case that the resolution passed unanimously. In the last- 
mentioned case the conclusion, that there was a substan- 
tial compliance with the law, was reached " after a good 
deal of hesitation." ^5 



23. Act May 8, 1854, Sec. 23, P. L. 617. 

24. Dennison Tov nVip vs. Padden, 89 Pa. 395, 1879. 

25. Heisey vs .s/, 3 Pa. Superior Ct. 196, 1896. 



TEACHERS 257 

President and secretary cannot make contract! 

589. By the act of April 11, 1862, teachers can only be 
elected by the school board, and so specific is this act, upon 
this subject, that it requires the names of members voting, 
both in the affirmative and negative, to be recorded upon 
the minutes. This is the only manner in which teachers 
can be selected, and, from the very nature of things, this 
power cannot be delegated. 

This statute is a valuable one, intended to compel the 
expression of each individual member of the school board 
on a subject all-important in the public education, and this 
for the very purpose of preventing jobbery, and the exercise 
of a one-man power, in the conduct of our common schools; 
we are, therefore, not inclined to permit the abrogation of 
its force and efficiency by a weak construction designed to 
meet a particular case. 

Public officers cannot, by contract, or otherwise, make 
over to private persons, their functions or powers, for these 
are committed to them for the public welfare and not for 
private gain. As long as their contracts do not compromise 
the common good, or tend to defeat the purposes for which 
they are elected, they may be enforced, but when they pass 
this line they have no legal eflficacy.^^ 

Directors cannot elect teachers by secret ballot. 

590. On June 20, 1896, Heisey was elected teacher by 
secret ballot, the contract was entered into between Heisey 
and the school board, duly signed by the president and 
countersigned by the secretary, providing for his employ- 
ment for the ensuing school term at $40.00 per month. 
On July 18, 1896, the school directors held another meet- 
ing and selected Wolfersberger to the same position who 
performed the duties as teacher for the said district. 

Heisey then filed his petition for a writ of alternative 
mandamus to compel the directors to reinstate him to the 
position to which he was elected; and upon a motion to 
quash. President Judge Rice said in part : 



26. School District of Dennison Township vs. Padden, 89 Pa. 395, 1S79. 



258 COMMON SCHOOL LAW 

"The act of April 11, 1862, P. L. 472 provides: 
" That no .... teacher shall be appointed or dismissed 
.... except by the affirmative votes of a majority of the 
whole number of the directors or controllers thereof; and 
the names of the members voting, both in the af- 
firmative and the negative, shall be so entered on the min- 
utes of the board by the secretar}'." The relator claims 
that he was elected or chosen a teacher by a majority, but 
admits that it was by a secret ballot and that the names of 
the members voting in the affirmative and the negative 
were not entered on the minutes. Where the directions of 
a statute are given with a view to the proper, orderly and 
prompt conduct of business merely, the provision may be 
regarded as directory. But where the fair interpretation of 
a statute, which directs acts or proceedings in a certain way, 
shows that the legislature intended compliance with such 
provision to be essential to the validity of the act or pro- 
ceeding, the statute must be regarded as mandatory. Of 
this latter nature is the statutory provision under consider- 
ation. It relates to a power conferred on the directors 
which concerns the public, and the method of exercising it 
is prescribed in order that the public may know whom to 
hold responsible for action which so deeply concerns them. 

To hold that it is merely directory, and that the board 
may at pleasure substitute a secret ballot, and thus make it 
impossible for the secretary to record the affirmative and 
negative votes, would defeat the manifest purpose for which 

it was enacted Here there was neither literal nor 

substantial compliance with the law. Indeed, where the 
election is, as it was in this case, by secret ballot, the sec- 
retary has no means of ascertaining how the members 
voted, and therefore it is impossible for him to comply with 
the law by recording the names of the members voting in 
the affirmative and negative. We are unable to agree with 
the relator that the failure of the directors to conduct the 
election and to have the result recorded, as provided by law, 
does not affect the validity of his appointment and his right 
to be inducted into the place to which he was chosen. It 
was incumbent on him to show an appointment to the place 



TEACHERS 259 

by the board of directors in the manner prescribed by law. 
A contract of eniplojanent without such appointment, 
although executed in due form by the officers of the board, 
gave him no vested right to the position and to this extra- 
ordinary legal remedy for its enforcement." ^'' 

Duty of school directors, to record the vote in employing school 
teachers. 

591. In Burke vs. School District, the district attacked 
the \alidity of the contract, employing a teacher for the 
term of three years on the ground that the minutes of the 
school board did not contain " the names of the members 
voting both in the affirmative and the negative upon the ques- 
tion of her election," the minutes showing that "all mem- 
bers answered to the roll call," and that the report of the 
teachers' committee was adopted, "all members voting in 
the affirmative." 

In delivering the opinion of the Superior Court, 
Beaver J. said : 

" By the 4th section of the act of April 11, 1862, P. L. 
471, it is provided that, inter alia, ' No teacher shall be ap- 
pointed or dismissed, except by the affirmative votes of a 
majority of the whole number of the directors or controllers 
thereof, and, in each of said cases, the names of the mem- 
bers voting both in the affirmative and the negative, shall 
be entered on the minutes of the board by the secretary, 
etc. 

"This act of assembly has been construed many times, 
especially in Dennison School District vs. Padden, 89 Pa. 
395, and in Dyberry School District vs. Mercer, 115 Pa, 
559, In the latter case, it was said: "The refusal of the 
board to retain her as a teacher, after the expiration of the 
first four months, was not controverted ; but it was denied 
that she had ever been employed for the last three months. 
It was, therefore, incumbent on her to prove that she had 
been so employed ; and, for that purpose, testimony, con- 
sisting chiefl}^ of loose declarations of members of the school 
board, was introduced and submitted to the jury. It is un- 



27. Heisey vs. Risser, 3 Pa. Superior Ct., 196, 1896. 



26o COMMON SCHOOL LAW 

necessary to refer specially to the testimony on which she 
relied. There was nothing in the minutes of the school 
board to show that she had been duly appointed teacher for 
the three months in question." Later, Mr. Justice Ster- 
rett, who delivered the opinion of the court, said : " In the 
case last cited (Dennison School District vs. Padden) we 
held, that, in ihe selection of school teachers, the provisions 
of this act must be strictly complied with ; and we are not 
disposed to recede from that position. They are wise and 
wholesome provisions, intended to correct gross abuses 
which had gradually crept into the administration of our 
school system and hence it is not requiring too much to in- 
sist on a substantial compliance with the spirit, if not the 
very letter, of the act." 

"The objection here is not that the minutes of the 
school board do not show an employment nor that they do not 
show an affirmative vote by all the members of the board, 
but that the vote is not recorded by giving the names of those 
who voted in the affirmative and negative respectively." 

In the present case there were no negative votes. "All 
the members voted in the affirmative," all being present, as 
it affirmatively appears in the minutes that all answered to 
the roll call. Is this not a substantial compliance with the 
spirit of the act, though perhaps not with its very letter? 
We think it is. If there had been a division, it would have 
been necessary, in accordance with the terms of the act, to 
record the names of those who voted in the affirmative and 
of those who voted in the negative ; but, there being no 
division and the names of the members of the school board 
being known, the record that all the members voted in the 
affirmative was a sufficient minute upon which to base the 
employuient of the plaintiff, and, indeed, this has been prac- 
tically decided in Tobin vs. Morgan, 70 Pa. 229, in which 
Mr. Justice Sharswood, delivering the opinion, says : " The 
minutes state that all the members were present and the 
resolution imposing the tax was passed unanimously. The 
act evidently contemplated that the ayes and nays should 
be recorded only when there were members voting both in 
the affirmative and negative." See also Genesee Twp, 



TEACHERS 261 

Scliool District vs. McDonald, 98 Pa. 444 ; Comth. ex rel. 
Heisey vs. Risser, 3 Pa. Superior Ct. igS.''^ 

School boards should not exclude women because of their sex. 

592. Mr. Justice Williams said : " No woman should 
be excluded from any position she is competent to fill be- 
cause of her sex, and if we may judge from the figures be- 
fore us, showing the great majority of the teachers in Phila- 
delphia to be women, we should conclude that the board of 
education were of the same opinion. No woman qualified 
for supervising principal should be refused appointment be- 
cause of sex alone. In balancing the arguments for and 
against an appointment to a particular school, the board of 
education may, and they could not intelligently dispose of 
the question if they did not consider the sex and age of the pu- 
pils; the kind of treatment necessary to the enforcement of 
proper discipline ; the measure of physical strength ; the facili- 
ty and experience in the management of pupils on the part of 
each of the applicants ; and in so far as the sex of the applicant 
might seem likely to help, or to be in the way of success in the 
maintenance of the discipline necessary for the good of the 
school, it may be considered with the other qualifications, and 
help to determine the choice. Standing by itself it is neither a 
controlling qualification nor disqualification. It is a circum- 
stance that may be helpful with some pupils, or in schools 
of a particular grade, and not helpful with other pupils or 
in other schools. The question of eligibility is one thing. 
The selection among a class of eligibles is quite another. 
Sex ought not affect the first, it may help under some cir- 
cumstances to determine the last. The clause in the con- 
stitution, if applicable to this case, removes any barrier in 
the way of the selection of the plaintiff which her sex might 
otherwise have presented, so that she may apply for any 
office of control or management under the school laws, and 
be legally competent to hold it if appointed to it. It does 
not require that she shall be appointed if she becomes a can- 
didate."^9 



28. Burke vs. School District, 28 Pa. Superior Ct. 16, 1905. 

29. Sherry vs. Jenks, 154 Pa. 368, I.S93. 



262 COMMON SCHOOL LAW 

Teachers of stenography and typewriting. 

593. It shall be lawful for the board of school directors 
or school controllers in any common school district in tliis 
Commonwealth, to employ teachers of stenography and 
typewriting, without requiring the person employed for this 
purpose to have a teacher's certificate from the county, city 
or borough superintendent of public instruction as now re- 
quired by law ; but no such person shall be permitted to 
teach any other branch than those herein expressly named, 
and no such employment shall be permitted until it shall have 
been approved in writing by the county, city or borough 
superintendent, as the case may be, and shall have been sub- 
mitted to and approved in writing by the state superinten- 
dent of public instruction. 3° 

Right of patrons to petition for or against the appointment of a 
teacher. 

594. Some of the patrons presented a remonstrance to 
the school board protesting the appointment of Jesse Lav- 
ery as teacher. The school board refused to elect him on 
account of the remonstrance, whereupon he instituted suit 
against all the signers of the petition for conspiracy. 

Mr. Justice Agnew said : "The paper signed by the 
defendants was a request to the school directors not to employ 
the plaintiff, under any circumstances, as a teacher in school 
No. 4 for the coming term. It preferred no charges and 
gave no reasons, and was a simple expression only of the 
wishes of the signers. It was the right of these citizens of 
the district thus to declare their desire. They had a right 
to express a preference or to declare their objection to any 
one applying for appointment. They were deeply interest- 
ed, and had therefore a right to speak out. But we cannot 
recognize the position to which the argument of the plain- 
tiffs in error leads, that such a right of expression can be 
made a channel through which men may gratify their mal- 
ice and enmity. This would be the actual result of the 
argument that the right of petition is so sacred that tlie 
private purposes and motives of the actors cannot be in- 



30. Act June 23, 1897, Sec. i, P. L. 193. 



TEACHERS 263 

quired into. If they cannot, and if the real purpose of the 
petition be the gratification of ill-will and malice without 
cause, then men may be borne down by the power of their 
enemies, especially in numbers and by combination, and 
their efforts in life to earn bread, and support those depend- 
ent on them, may be frustrated merely for the gratification 
of base and malevolent feelings. A groundless petition 
instigated only by malice cannot surely be the right of any 
citizen where it actually results in harm to the object of its 
malicions purpose." 3' 
Minimum salary of school teacher. 

595. The minimum salary of school teachers, teaching 
in the public schools of this Commonwealth, shall be thirty- 
five dollars per month. ^^ 

It shall be the duty of the president and secretary of 
the school board, of each school district in this Common- 
wealth, to make report, under oath, to the superintendent of 
public instruction, that the requirements of this act have 
been fully complied with.-^^ 

Every school district of this Commonwealth failing to 
comply with the requirements of this act, shall forfeit its 
state appropriation for the whole time during which this act 
has been violated.^'* 
Dismissal of teacher for immorality. Accused entitled to be heard. 

596. The board of trustees of a state normal school 
passed a resolution convicting the principal of immoral con- 
duct and dismissed him from office, without notice or hear- 
ing. The court held that the action of the trustees was ir- 
regular and unjust. A good character is a necessary part 
of the equipment of a teacher. Take this away, or blacken 
it, and the doors of professional employment are practically 
closed against him. Before this is done there should be at 
least a hearing, at which the accused may show that the 
things alleged are not true, or if true are susceptible of an 



31. Vaiiarsdale vs. Laverty, 69 Pa. 103, 1871. 

32. Act April 9, 1903, Sec. i, P. L,. 162. 

33. Act April 9, 1903, Sec. 2, P. L. 162. 

34. Act April 9, 1903, Sec. 3, P. L. 162. 



264 COMMON SCHOOL LAW 

explanation consistent witli good morals and his own pro- 
fessional fidelity. 35 
Dismissal of teacher for incompetency. 

597. After a visitation of A's school, the school board de- 
cided that the recitations were poor, deportment bad, scholars 
lifeless and indifferent in stndies, and that the teacher dis- 
played inability to get up any enthusiasm in studies what- 
ever, and that he had no discipline. At the regular meeting of 
the board, it was decided to dismiss him for incompetency, 
which was regularly entered upon the minutes. The 
teacher instituted suit for the aniout of salary due, but the 
court held on the trial that unless he could prove that the 
members of the board acted corruptly or in bad faith, or that 
they were guilty of any clear abuse of their powers, lie could 
not recover. 36 

Dismissal of teacher for refusing to be vaccinated. 

598. Judge Arnold said : 

" As school directors may, in the exercise of a sound 
discretion, exclude from the public schools pupils who have 
not been vaccinated, as was decided by the Supreme Court 
in the case of Duffield vs. The Williamsport School District, 
162 Pa. 476 (1894), so may they exclude teachers and other 
employees for the same reason. The protection which vac- 
cination is believed to afford must be reciprocal ; teachers 
and pupils are alike entitled to protection against contagious 
disease. Whether vaccination is a preventive of small-pox 
this court has no power to investigate and decide. The leg- 
islature has authorized, and the Supreme Court has sustain- 
ed regulations requiring vaccination, and therefore a court 
of the first instance is prohibited from inquiring into the 
efficacy of vaccination as a preventive of small-pox : Field 
vs. Robinson, 198 Pa. 638 (1901). The opinion of the plain- 
tiff that vaccination is not a preventive, and that it would be 
dangerous to her health, is not a sufficient reason to exempt 
her from obedience to the order of the board of education 
requiring vaccination. Hence the offer of the plaintiff to 



35. Normal School vs. Cooper, 150 Pa. 78, 1S92. 

36. McCrea vs. School District, 145 Pa. 550, 1891. 



TEACHERS 265 

show that she considered it dangerous to her health was ir- 
relevant and immaterial, and was properly rejected. 

"Tlie plaintiff having refused to obey the order of the 
board of education to produce a certificate of successful vac- 
cination within the last five years, the chairman of the girls' 
high school had full authority to suspend her and report 
his action to the committee for ratification, which has been 
done. In all cases of this kind requiring prompt action, 
authority to act in the first instance resides in the chairman 
or other visiting member of the committee, subject to the 
approval or disapproval of the whole committee. 

" The contention of the plaintiff that she cannot be 
suspended except for incompetency, cruelty, negligence or 
immorality, under the act of May 8, 1854, P. L. 622, if that 
were the only act bearing on the subject, is not sustainable. 
Under the act of March 3, 1818, 7 Sm. Laws 53, which, by 
section 50 of the act of 1854, was declared to be concurrent 
with the provisions of that act, the board of public educa- 
tion of the first school district has the general superintend- 
ence over all the schools established under and by virtue of 
that act in the said district, and may make such rules and 
regulations for their own government and for the general 
regulations of the district as may be deemed necessary for 
carrying the act into complete effect. Even if the act of 
1854 were the only statute on the subject, we have no hesi- 
tation in saying that disobedience of the reasonable orders 
of the board of education is an act of negligence. There are, 
however, other causes for which a teacher may be suspended 
or dismissed. Thus, incurable disease, loss of reason or hear- 
ing or sight or limbs may result in the loss of employment 
by a teacher, yet it is not necessary that these causes should 
be written in the laws or rules of the school. The law appli- 
cable to cases of this kind is the ordiiiary law of master and 
servant. If the servant disobeys the reasonable orders of his 
emplo}er, he may be suspended or discharged. In the pres- 
ent case the plaintiff is '' too self-opinionated," as has been 
said in the books : See Wood on Master and Servant, 116 ; 
Cassidy vs. Janauschek, 17 Pliila., 325. She has set up her 
own opinion against that of the board of education. She 



266 COMMON SCHOOL LAW 

has refused to comply with a lawful regulation of the board. 
Therefore, she is subject to suspension and dismissal." ^^ 

Teachers may be dismissed for insubordination and disobedience. 

599. Chief Justice Lowrie said : "A schoolmaster was 
dismissed by the board of school directors for gross insubor- 
dination and disobedience ; and this seems to have given 
rise to a partisan division in the township and in the board, 
and two annual township elections turned upon it. This is 
very much to be deplored. The encouragement and promo- 
tion of official disobedience is a very bad way of correcting 
the errors of superior officers. How can the people expect 
good instruction for their children from an insubordinate 
teacher, perhaps himself the leader of the strife that grew 
out of this disrespect of the school directors ? How can 
they expect good men to be directors, when their very per- 
formance of their duty is made the ground of a general 
neighborhood quarrel ? How can they expect their children 
to grow up into orderly citizens, when teachers, schoolmas- 
ters, and people, refuse to respect the law? No doubt, so 
bad an example as this may do good to others, by being a 
warning to them ; but surely a good example would have 
been better for all. A school system under popular control 
will be no blessing to us, if it be so conducted as to beget 
among the people habits of disregard for their own law. 
Society is worthless if it has no abiding rule of order."^^ 

Liability of school directors for the dismissal of a teacher. 

600. School directors, acting within the scope of their 
authority in the dismissal of teachers, are not answerable in 
damages for the consequences of their acts, unless done ma- 
liciously and with an intent to injure.^? 

The action of the board, if it be properly entered upon 
the minutes in the form and manner required by the statute 
in the case of a dismissal, is conclusive, unless the board 



37. Lyiidall vs. Board of Education, 10 D. R. 665, 1901. 

38. The Township of Dickinson vs. Linn, 36 Pa. 431, 1S60. 

39. Burton vs. F'ulton, 49 Pa. 151, 1865. 



TEACHERS 267 

can be shown to have acted corruptly or in ha.d faith, or to 
have clearly abused their powers."*" 

Power of school board to pass upon the charge of cruelty of a 
teacher. 

601. A was employed by the school district to teach in 
Byerly School House No 4, for a term of seven months, 
beginning in September, 1887, at a salary of $40 per month. 
He performed the duties of a teacher at said school house 
from September 12, 1887, to Decemljer 19, 1887, when he 
was dismissed and ousted from his school by the board of 
directors for having inflicted cruel and severe punishment 
on B, a pupil in the school taught by him. 

The dismissal was not ordered until after the investi- 
gation convinced the directors that the teaclier was guilty 
of cruelty. 

A brought suit against the district for salary as teacher 
for the unexpired term. 

In reviewing the case, Mr. Justice Clark said, in part : 

" The board of school directors had the power to dis- 
miss this teacher for incompetency, cruelty, negligence, or 
immorality. This power is expressly given in paragraph V., 
section 23, Act of May 8, 1854, P. L. 622, and was reserved 
in the contract. 

"As a deliberative body, a board of school directors is 
entrusted with the government of the schools, and by the 
statute is empowered both to employ teachers, and for the 
causes stated to dismiss them. The board, therefore, had 
jurisdiction, under the statute, to pass upon any charge of 
this character, and in its determination was held merely to 
the exercise of good faith, and was answerable only for an 
abuse of its powers. By the mere fact of his employment 
as a teacher, the plaintiff submitted himself to the jurisdic- 
tion of tlie board in respect of the matters mentioned in the 
statute, and the action of the board, if it be entered upon 
the minutes in the form required by the statute, is conclu- 
sive. But the action of the board in effectino- the dismissal 



40. Whitehead vs. School District, 145 Pa. 418, 1891. 

Custer vs. School District, 12 Pa. vSuperior Ct. 102, 1899. 
McCrea vs School District, 145 Pa. 550, 1891. 



268 COMMON SCHOOL LAW 

of a teacher must be set forth upon the minutes, as required 
by the statute. The minutes are, therefore, the best evi- 
dence of the teacher's dismissal, and are conchisive, unless 
the board may be shown to have acted corruptly or in bad 
faith, and to have clearly abused its powers.""*' 

Teachers have the right to use corporal punishment. 

602. This is an application for the discharg^e of the de- 
fendants, who are teachers in one of our public schools, who 
are accused with an assault and battery by the unreasonable 
correction of one of their pupils. And the simple question 
for decision is, whether from the facts disclosed, they have 
been guilty of a violation of the law. 

In this city and county, where we are annually expend- 
ing nearly $350,000.00 for the purpose of common school 
education, where our schools number more than 50,000 
children, with the appropriate number of teachers for their 
instruction, it is important that the law as to the rights of 
each, should be correctly understood; and as it is feared it 
is not, a few moments will be occupied in giving what I 
conceive to be the settled principles of the common law 
upon this subject. 

The right of a parent to correct his minor child is 
understood. It is one of the first rules in our domestic re- 
lations ; and yet it is equally clear that the parent may be 
held responsible for the cruel or barbarous treatment of his 
child. The school teacher, while a child is placed by the 
parent or guardian in school, or under charge of the teacher, 
is in loco parentis^ and can exercise the same authority as 
the parent, and is responsible in the same manner, and the 
rules of law which are applicable to the parental control, are 
also to be applied to the school teacher. 

An able and accomplished American law writer, has now 
given us a plain and intelligent rule, which I will quote at 
length. When writing upon this subject, he says : 

" The parent has a right to govern his minor child, and 
as incident to this, he must have power to correct him. 
The maxim is, that he has power to chastise him mod- 



41. Whitehead vs. School District, 145 Pa. 418, 1891. 



TEACHERS 269 

ei-ately. The exercise of this power must be, in a great 
measure, discretionary. He may so chastise his child as to 
be liable in an action by the child against him for batter)-. 
The child has rights which the law will protect against the 
brutality of a barbarous parent. I apprehend, however, it 
is a point of some difficulty to determine, with exact pre- 
cision, when a parent has exceeded the bounds of modera- 
tion. That correction which will be considered by some 
triers as unreasonable, will be viewed by others as perfect- 
ly reasonable. What may be considered by some as venial 
folly, to which none or very little correction ought to be 
applied, by others will be considered as an offence that re- 
quires very severe treatment. The parent is bound to cor- 
rect a child so as to prevent him from becoming the victim 
of vicious habits, and thereby proving a nuisance to the 
community. The true ground on which this ought to be 
placed, 1 apprehend is, that the parent ought to be consid- 
ered as acting in a judicial capacity when he corrects, and, 
of course, not liable for errors of opinion. And although 
the punishment should appear to the triers to be unreason- 
ably severe, and in no measure proportioned to the offence, 
yet if it should also appear that the parent acted conscien- 
tiously and from motives of duty, no verdict ought to be 
found against him. 

" But when the punishment is, in their opinion, thus 
unreasonable, and it appears that the parent acted vialo an- 
imo^ from wicked motives, uuder the influence of an unso- 
cial heart, he ought to be liable to damages. For error of 
opinion he ought to be excused, but for malice of heart he 
must not be shielded from the just claims of the child. 
Whether there was malice may be collected from the cir- 
cumstances attending the punishment. The instrument 
used, the time when, the place where, the temper of heart 
exhibited at the time, may all unite in demonstrating what 
the motives which influenced the parent. These observa- 
tions are equally applicable to the case of a school master, 
or to any one who acts in loco parentis." Reves' Domestic 
Relations 288 ; i Blackstone's. Com. 58. 

To the doctrine here laid down we entirely assent, for 



270 COMMON SCHOOL LAW 

it is unquestionably the law, based upon the soundest prin- 
ciples which control civil society. 

To render a parent liable to prosecution by his minor 
child, he must be governed by motives of malice or wicked- 
ness. For a mere error of judgment, influenced, perhaps, 
by fond parental love for the future posterity and the hap- 
piness of his child, he cannot be held legally liable. The 
law does not permit a court to invade the sanctuary of the 
domestic circle and usurp the parental authority in every 
family, because we think the punishment is severe. It is 
only when, from the surrounding facts and circumstances 
of the case there is strong reason to believe that the parent 
has been actuated by bad and malevolent motives, using his 
legal parental authority for the gratification of a mind bent 
on mischief, that the law has given the court the right to 
interpose for the safety and protection of the child. Such 
is the rule relative to the school teacher, whom the parent, 
for the time being, had placed in his stead. 

Let us, then, apply the rule to the facts of the present 
case. What is there in this case which shows a wicked mo- 
tive or malice on the part of the teacher ? Is there anything 
which show^s even passion or temper ? 

The child has played truant. It was arrested by the 
parent and sent with an elder sister to school ; when brought 
to the door of the school room, she refuses to go in ; began 
to show great violence of temper and rebellion ,- an assistant 
teacher tries to soothe the child, and uses persuasion to in- 
duce her to enter the school room. The elder sister com- 
municates the request of the mother that the child be taken 
to school. The principal teacher then comes and takes the 
child into the school room, when the spirit of rebellion 
continues, manifested by screaming and jumping. The 
teacher talks to the child, urges obedience in mildness, then 
commands it, and finally threatens cha.stisement ; but all this 
to no purpose. Then it is she flogs the child with a small 
rattan. After a few blows she stops, reasons with the child, 
but exacts obedience, and still uses persuasion. The child 
is still obstinate, and further chastisement is inflicted, till 
finally the obstinate and rebellious spirit is conquered. 



TEACHERS 27 1 

" What is there in this which shows malice or cruelty on 
the part of the teacher? What is there in the language of 
the law which shows a " wicked motive ?" I can see noth- 
ing. The teacher required obedience to the rules of the 
school and it was refused. That punishment is used which 
she thinks is best calculated to produce submission, and in 
the manner and form common in all schools. This author- 
ity the law has delegated to her, and for the exercise of it, 
although we might differ in opinion as to the manner in 
which it was done, at least the court will not punish for or 
correct an error of judgment. But from the facts disclosed 
I do not think there was even an error in that particular. 
She entered upon the performance of her duty with moder- 
ation and firmness, as well as a determination to produce 
submission, which she pursued until it was accomplished by 
the best means her judgment dictated. In this we think she 
was right. Had she done less, the directors of the school 
might with propriety have thought she was culpable ; and 
for these things the law does not hold her responsible. 

But it has been said there were marks of violence on 
the child the next day, caused by blows from the rattan. 
But this is but a slight circumstance to show the motive. 
It is much greater evidence of the obstinacy and persever- 
ance of the child. The instrument employed was a small 
smooth rattan, certainly a moderation in the instrument 
used in these days of improvement in education, and in 
most that is useful or which adds to the comfort of man. 
For many of us can well recollect when the birch or hickorv 
stick, with some rather sharp knots thereon, was the instru- 
ment of flagellation, and our parents did not complain. 

To hold that under such circumstances, a teacher shall 
be liable to a criminal prosecution, would be subversive of 
all government and order in our schools. Without a firm, 
controlling power is exercised by school teachers, in exact- 
ing obedience, submission, united with quiet and good or- 
der in their schools, the public money is worse than wasted. 
Obedience to parental authority should be taught in the 
family, and must be maintained in our schools, or we sliall 
have no obedience to the laws of our government. To the 



2/2 COMMON SCHOOL LAW 

want of the proper exercise of strict parental control among 
a large class of citizens, may be traced in a great degree, 
the spirit of insubordination, disobedience of law, and the 
outrage upon the rights of others, that are so frequent 
among us. 

Much may be hoped from the influence of our public 
schools, if the teachers are faithful in teaching and exacting 
obedience from all under their charge. 

The character and interest of the teacher, combined 
with the refinement wdiich education gives to the human 
mind in softening the heart, like paternal love, is generally 
found a sufficient protection for the children. But if these 
fail, the law affords ample protection against cruelty and 
oppression, while it is a shield to those who, in their 
sphere, have, as in this case, only done their duty. For the 
reasons given, we order the defendant to be discharged.'*^ 
Government of schools. Corporal punishment. 

603. A, a school teacher, the defendant stands charged 
in the bill of indictment with the offence of assault and bat- 
tery. An assault is an attempt or offer to beat another with- 
out touching him. A battery is defined in law to be the 
unlawful beating of another. 

It is conceded that the teacher took this boy by the 
coat or collar and made an effort to take him out of his seat 
for misbehavior as a pupil in the school. Under ordinary 
circumstances this would be a battery, but by reason of the 
fact that A was a teacher in a public school in Marysville, 
he had a right not only to place his hands upon his pupils, 
but to punish them in case of an infraction of the rules. 

This punishment that the law allows a teacher to inflict 
upon his pupils is a reasonable punishment. It must not 
be cruel or oppressive and the inquiry to which your atten- 
tion is directed is, what does reasonable punishment mean ? 
There must be subordination in the school room. The 
teacher must be master. In order to control the school he is 
justified in using as much force as is necessary to subdue re- 



42. Commonwealth vs. Br3-ant, 5 Clark 78, 1873. 



TEACHERS 273 

fractory pupils and enforce all such rules and requirements 
as he may see fit to adopt for the government and conduct of 
the school. I do not mean brutal or cruel force, but such force 
as is commonly used in schools to compel the obedience of 
pupils. Having the right to punish to secure . obedience 
he is not required to weigh the strokes he inflicts upon 
a refractory pupil in apothecary scales. He may only 
inflict such punishment as is necessary to attain the end in 
view, to wit: The subduing of the pupil who is refractory 
as well as to deter disorderly and lawless members of the 
school. The teacher may not inflict punishment malic- 
iously, that is, out of spite, hatred or ill will, nor out of a 
mere desire to inflict pain in order to humiliate a pupil, but 
his right to inflict punishment to secure obedience is unques- 
tionable. 

It is unquestionable in this case that the boy was mis- 
behaving when the teacher went to him. Others may have 
misbehaved at the same time and place, but the fact that 
they were not punished by the teacher is no reason why this 
boy should not be punished. If an example was made of 
one boy the effect of that example would probably be to de- 
ter others from the like misconduct. 

Evidence has been offered to show that this boy resisted 
the teacher by grasping the desk when the teacher tried to 
take him from it. It was the duty of the teacher to enforce 
obedience and subdue the boy. If iii the course of his re- 
sistance to the teacher this boy received an abrasion on his 
elbow and lumps on his head, and ev^en a black eye, he 
might have avoided these injuries by a compliance with the 
teacher's demands. 

But when a teacher takes charge of a school contain- 
ing boys of that age, it is his duty to bring them up, as 
nearly as he can, to the standard which they themselves 
know — to that standard expressed by the boy, that they 
should study and behave themselves. And in order to 
secure the attention of pupils to their studies and to secure 
good behavior in the school it becomes the duty of the 
teacher to inflict such punishment as is necessary to accom- 
plish these ends. Teachers must secure good behavior in 



274 COMMON SCHOOL LAW 

the schools, otherwise our whole common school system is 
a failure and the vast sum of money, that the American 
people so cheerfully pay for the education of their youth, 
will be wasted. For this reason I say to you that it is the 
duty of the jury to sustain a teacher in all proper efforts to 
attain the object for which' he is employed. 

I can conceive how two courses are open to a teacher. 
He can, if he pleases, avoid friction, in his school by allow- 
ing the pupils to do as they please and draw his pay and go 
away contented. The conscientious teacher will not do 
this, but he will attempt to bring his school up to the stand- 
ard that is expected of him. He will attempt to secure good 
order in the school and attention to the studies in which the 
pupils are engaged. That is his duty, and a teacher who 
attempts or tries to perform that duty deserves not only the 
commendation of the patrons of the school and parents of 
the children, but the support of a traverse jury in case he is 
wrongfully accused of undue severity in the punishment of 
a pupil. Therefore, unless this teacher acted maliciously or 
punished the boy with cruelty or from wicked motives he 
should be acquitted. If, however, you believe that he acted 
maliciously toward this boy, or he punished him with 
cruelty or from wicked motives, then you can convict 
him.« 
Offences out of school. 

604. The jurisdiction and authority of the teacher over 
the pupil are neither limited by the school house walls, nor 
to the time the school is actually in session. As a general 
rule, in all matters legitimately connected with the schools 
and the manners and morals of the scholars, the teacher's 
jurisdiction, conjointly with that of the parent, commences 
when the pupils leave the parents' roof and control to go to 
school, and continue until their return from school. The 
teacher, however, is not responsible for the misconduct of 
pupils on the way to and from school, though he has the 
right to punish for such misconduct, when brought to his 
knowledge.''^ 



43. Commonwealth vs. Ebert, 3 Pa. J. L. Rep. 252, 1901. 

44. School Laws and Decisions, page 153, 1903. 



TEACHERS 275 

Quo warranto. 

605. Right to office of school teacher must be settled 
by quo warranto, not by mandamus/^ 



45. Commonwealth vs. Risser, 3 Pa. Superior Ct. 196, 1S96. 



CHAPTER XXIV. 

SECTARIANISM. 

PAGE 

606. Appearances of sectarianism 276 

607. Wearing of any religious dress or emblem prohibited 276 

608. Penalties for violation of provisions of this act 276 

609. Use of school houses 277 

610. Reading of the Holy Scriptures is not sectarian instruction 277 

Appearances of sectarianism. 

606. Whereas, It is important that all appearances of 
sectarianism should be avoided in the administration of the 
public schools of this Commonwealth.' 

Wearing of any religious dress or emblem prohibited. 

607. No teacher in any public school of this Common- 
wealth shall wear in said school or whilst engaged in the 
performance of his or her duty as such teacher any dress, 
mark, emblem or insignia indicating the fact that such 
teacher is a member or adherent of any religious order, 
sect or denomination.^ 

Penalties for violation of provisions of this act. 

608. In case of violation of the provisions of the first 
section of this act by any teacher employed in any of the 
public schools of this Commonwealth, notice of which 
having been previously given to the school board employing 
such teacher that it shall be the duty of such school board 
to permanently suspend such teacher for employment in 
such school for the term of one year, and in case of a sec- 
ond offense by \\ie same teacher it shall be the duty of 
said school board to permanently disqualify such teacher 
from teaching in said school, and any public school director 
failing to comply with the provisions of this act shall be 
guilty of a misdemeanor and shall be punishable, upon con- 
viction of the first offence, by a fine not exceeding one hun- 
dred dollars, and in case of a second conviction or the vio- 
lation of the provisions of this act, the offending school di- 
rector shall be punished by a fine not exceeding one hun- 
dred dollars and shall be deprived of his or her office as a 

1. Preamble Act June 27, 1895, P. L. 395. 

2. Act June 27, 1S95, Sec. 1, P. L,. 395. 



SECTARIANISM 277 

public scliool director. A person thus twice convicted 
shall not be eligible to appointment or election as a director 
of any pnblic school in this state within the period of five 
years from the date of his or her second conviction-^ 
Use of school houses. 

609. It shall be lawful for school boards to grant the 
use of school houses for lyceum and other literary purposes, 
non-sectarian, in their respective school districts.* 
Reading of Holy Scriptures is not sectarian instruction. 

610. Judge Edwards said : It is worthy of comment 
and reflects creditably upon the good sense of th-e people of 
Pennsylvania that, although our common school system has 
been in existence for many years, and that, as a general 
rule, in a large number of school districts throuo-hont the 
state, portions of the Holy Scriptures have been read as a 
part of the daily opening exercises, nobody up to this time 
bas taken such interest in the question as to secure a de- 
cision upon it from our court of last resort. Neither have 
the courts of common pleas been called upon to decide the 
question, as far as we can ascertain, except in one instance 
viz., in Mercer County^ in the case of Hart et al. vs. The 
School District, &c., 2 Lane. Law Rev. 346, in which the 
judge writes an elaborate opinion, his views coinciding 
with ours. 

Nevertheless, a case of this kind is interesting and im- 
portant, especially as a study of the principles of govern- 
ment so far as they relate to the individual rights of citi- 
zens. The questions involved have produced a wide 
variance of opinions among learned men. Eminent judges 
and appellate courts have reached different conclusions ; 
the resources of ripe scholarship, with the keenest logic and 
the most elaborate research, have been displayed and used 
in the elucidation of these questions, 

The sections of the constitution which the plaintiff 
claims are being violated by the reading of the Bible in the 
public schools are the following ; 



3. Act June 27, 1S95, Sec. 2, P. L,. 395. 

4. Act April II, 1 901, P. L,. 78. 



278 COMMON SCHOOL LAW 

Article I., Sec. 3. — All men have a natural and inde- 
feasible right to worship Almighty God according to the 
dictates of their own consciences ; no man can of right be 
compelled to attend, erect or support any place of worship 
or to maintain any ministry against his consent ; no hu- 
man authority can in any case whatever control or inter- 
fere with the rights of conscience ; and no preference shall 
ever be given by law to any religious establishments or 
modes of worship. 

Article X., Sec. 2. — No money raised for the support 
of the public schools of the Commonwealth shall be appro- 
priated to or used for the support of any sectarian school. 

The objections may be thus briefly stated: (i) the read- 
ing of the Bible in the public schools is in violation of the 
rights of conscience ; (2) it involves compulsory support of 
a place of worship ; and (3) it is sectarian instruction. 

We shall only incidentally discuss the first and second 
objections. The first was not strenuously urged upon us, by 
counsel, although we deem it worthy of great consideration ; 
and the second is untenable on any reasonable ground. 
The third is the objection which is the subject of the most 
serious contention. We shall not consider these objections 
seriatim, but shall briefly state some of the general princi- 
ples which underlie and ought to control the decision of the 
question before us in the light of Pennsylvania jurispru- 
dence. 

It must be considered that Christianity, which is the 
religion of the Bible, and the Bible itself, occupy a unique 
position in the earh- and subsequent histor}^ of Pennsylva- 
nia, lu the year 1700 it was enacted that "Whoever shall 
speak loosely thereof and profanely of Almighty God, Christ 
Jesus, the Holy Spirit, or Scriptures of Truth, and is thereof 
legally convicted, shall forfeit and pay five pounds and be 
imprisoned for five days in the house of correction." 

This law in substance is in force to-day. When a 
case involving the application of this law was before the 
Supreme Court in 1824, Updegraph vs. Com. 11 S. & R. 
393, it was then declared that Christianity is part of the 
common law of Pennsylvania, and that to maliciously vilify 



SECTARIANISM 2/9 

the Christian religion is an indictable offence. Justice Dun- 
can says : " Christianity was one of the considerations of the 
royal charter and the very basis of its great founder, Will- 
iam Penn; not Christianity founded on any particular ten- 
ets ; nor Christianity with an established church and tithes 
and spiritual courts, but Christianity with liberty of con- 
science to all men. William Penn and Lord Baltimore were 
the first legislators who passed laws in favor of liberty of 
conscience, for before that period, the principle of liberty 
of conscience appeared in the laws of no people, the axioms 
of no government, the institutes of no society, and scarcely 
in the temper of any man. Even the reformers were as 
furious against contumacious errors as they were loud in 
asserting the liberty of conscience. And to the wilds of 
America, peopled by a stock cut off by persecution from a 
Christian society, does Christianity owe true freedom of re- 
ligious opinion and religious worship .... Christianity is 
part of the common law of this state. It is not proclaimed 
by the commanding voice of any human superior, but ex- 
pressed in the calm and mild accents of customary law. Its 
foundations are broad and strong and deep; they are laid in 
the authority, the interest, the affection of the people." 

This broad declaration has been modified in subsequent 
cases. We shall only refer to a few of them. In Harvey vs. 
Boies 1829, I P- & W. 12, Justice Gibson uses this language : 
"Christianity has been indefinitely said to be a part of the 
law of the land. The law undoubtedly avails itself of the 
obligations of Christianity as instruments to accomplish the 

purposes of justice Christianity is indeed, recognized 

as tlie predominant religion of the country, and for that 
reason are not only its institutions, but the feelings of its 
professors, guarded against insult from reviling or scoffing 
at its doctrines ; so far it is the subject of special favor. But 
further the law does not protect it." 

Again in Mohney vs. Cook 1855, 26 Pa. 342, Justice 
Lowrie says : " The declaration that Christianity is part of 
the law of the land, is a summary description of an existing 
and very obvious condition of our institutions. We are a 
Christian people, in so far as we have entered into the spirit 



28o COMMON SCHOOL LAW 

of Christian institutions and become imbued with the sen- 
timents and principles of Christianity ; and we cannot be 
imbued with them and yet prevent them from entering into 
and influencing^ more or less, all our social institutions, 
customs and relations, as well as all our individual modes of 
thinking and acting. It is involved in our social nature^ 
that even those among us who reject Christianity, cannot 
possibly get clear of its influence or reject those sentiments, 
customs and principles which it has spread among the people, 
so that, like the air we breathe, they have become the common 
stock of the whole country and essential elements of its life. 
It is perfectly natural, therefore, that a Christian people 
should have laws to protect their day of rest from desecra- 
tion. Regarding it as a day necessarily and divinely set 
apart for rest from worldly enjoyments and for the enjoyment 
of spiritual privileges, it is simply absurd to suppose that 
they would leave it without any legislative protection from 
the disorderly and the immoral." 

Also, in Zeisweiss vs. James 1870, 63 Pa. 465, Justice 
Sharswood says, " It is in entire consistency with this 
sacred guarantee of the rights of conscience and religious 
liberty, to hold that, even if Christianity is no part of the 
law of the land, it is the popular religion of the country, an 
insult to which would be indictable as directly tending to 
disturb the public peace. The laws and institutions of this 
state are built on the foundation of reverence for Christian- 
ity. To this extent, at least, it must certainly be consid- 
ered as well settled that the religion revealed in the Bible is 
not to be openly reviled, ridiculed or blasphemed, to the 
annoyance of sincere believers who compose the great mass 
of people of the Commonwealth." 

There are numerous other cases along the same line 
which could be cited. However far one case may modify 
the other, they all recognize the one general underlying 
principle that " the laws and institutions of this state are 
built on the foundation of reverence for Christianity." 
Other illustrations of this principle are furnished by cus- 
toms, laws and decisions relating to other matters, such as 
the opening of the state legislatures and congress with 



SECTARIANISM 28 1 

prayer; the custom, not now compulsory, of swearing by 
the Holy Book ; the recognition of the Christian Sabbath 
to the exclusion of any other; the prohibition of worldly 
labor on the Christian Sabbath ; the refusal of courts to ex- 
cuse jurors and parties from attendance on days by them con- 
sidered sacred ; the making of Good Friday a legal holiday ; 
the exemption of church property from taxation ; the various 
forms of oaths administered in courts, and many other such 
instances of the recognition of Christianity in our jurispru- 
dence which do not now occur to us. And in a state where 
Christianity seems to pervade its laws, customs, and institu- 
tions, to such a universal extent, can it be said for a mo- 
ment, that the reading of the Bible in the public schools, 
without comment, is sectarian instruction, or that such an 
act violates the rights of conscience or is in derogation of 
any constitutional principle ? We decidedly think not. 

We do not understand how the reading of the Bible in 
the public schools can be termed sectarian instruction. The 
Bible is not a sectarian book. On its broad foundation 
Christianity rests. Without it there is no Christianity. 
This proposition is recognized by every division of Chris- 
tendom throughout the whole world. It is not the book 
of any sect. Our attention is called to the fact that there 
are two versions of tlie Holy Scriptures, the Douay and 
the King James version, and that they differ in many partic- 
ulars. The study of these differences is interesting to the 
theologian and the Bible scholar. We have noted over 
fifty points of difference, some minor and some important, 
but they do not concern us. The Bible in either version is 
substantially and essentially the same book. The following 
definition of the word sect, taken from the Standard Dic- 
tionary is as good as any we have seen: ''A body of persons 
distinguished by peculiarities of faith and practice from 
other bodies adhering to the same general system. Spe- 
cifically, the adherents collectively of a particular creed or 
confession; a denomination; communion; as the Presby- 
terian sect ; the various sects of Jews, Mohammedans or 
Christians." 



283 COMMON SCHOOL LAW 

The assertion that the Bible, in either version, is a sec- 
tarian book, borders on sacrilege, and this phase of the ques- 
tion deserves no further consideration at our hands. 

But so far as the constitutional provision in Pennsyl- 
vania on this branch of the case is concerned, it differs ma- 
terially from the provision in the Wisconsin constitution ; 
the Wisconsin case being practically the sole authority re- 
ferred to by the counsel for plaintiff. Section 3 of Article 
X. of the Wisconsin constitution, is as follows : 

"The legislature shall provide by law for the establish- 
ment of district schools and no sectarian instruction 

shall be allowed therein." 

The provision in the Pennsylvania constitution de- 
clares that no money shall be appropriated to or used for 
the support of any sectarian school. The term " sectarian 
schools," in Pennsylvania, has a definite meaning. The 
history and development of the educational system, as well 
as the policy of the state, has fixed this meaning so that 
there is no doubt about it, A sectarian school is a school 
controlled by a particular denomination or sect. To such 
a school there can be no appropriation of public money by 
the state. iVnd yet it is seriously argued that the reading 
of the Bible, without comment, at the public school in 
Waverly, as a part of the opening exercises, is in violation 
of this provision of the constitution of Pennsylvania. The 
mere statement of this proposition emphasizes its absurdity. 
But we do not base our conclusion upon this contention. 
We go further, and say that the reading of the Bible, as 
aforesaid, would not be sectarian instruction under the 
clause in the Wisconsin constitution. 

The reading of the Bible in the public schools may also 
be allowed, and even commended, from a standpoint which 
does not involve the question of sectarian instruction nor 
the rights of conscience. It is conceded by men of all creeds 
that the Bible teaches the highest morality. In this con- 
nection we cannot do better than quote the language of 
Justice Story, in the celebrated Girard Will Case, 2 How- 
ard, U. S. 127 : " Why may not the Bible, and especially 
the New Testament, without note or comment, be read and 



SECTARIANISM 383 

taught as a divine revelation in the college — its general pre- 
cepts expounded, its evidence explained, and its glorious 
principles of morality inculcated ? What is there to pre- 
vent a work, not sectarian, upon the general evidences of 
Christianity, from being read and taught in the college by 
lay teachers ? Certainly there is nothing in the will that 
prescribes such studies. Above all, the testator positively 
enjoins ' that all the instructors and teachers in the college 
shall take pains to instill into the minds of the scholars the 
purest principles of morality, so that on their entrance into 
active life they may, from inclination and habit, evince be- 
nevolence towards their fellow creatures, and a love of 
truth, sobriety and industry, adopting at the same time 
such religious tenets as their matured reason may enable 
them to prefer.' Now, it may well be asked, what is there 
in all this inconsistent with the spirit or truth of Christian- 
ity ? Are not these truths all taught by Christianity, 
although it teaches much more ? Where can the purest 
principles of morality be learned so clearly or so perfectly as 
from the New Testament ? Where are benevolence, the 
love of truth, sobriety and industry so powerfully and irre- 
sistibly inculcated as in the sacred volume ?" 

The principle underlying tliese words of so great a 
jurist as Justice Story is applicable to our public schools. 
Apart from religious instruction, it must be admitted that 
sound morality is one of the foundations of good character. 
An education which does not involve the inculcation of 
moral principles is incomplete. And why cannot the com- 
mon precepts of morality be taught by the reading of the 
Bible better than in any other way ? 

It is instructive in this connection to examine the 
opinion in the Wisconsin case, 76 Wis. 177. Although 
against the reading of the Bible in the public schools, the • 
judge who writes the opinion admits the position we have 
taken in these words: " It should be observed, in this con- 
nection, that the above views do not, as counsel seemed to 
think they may, banish from the district schools such text- 
books as are founded upon the fundamental teachings of 
the Bible, or which contain extracts therefrom. Such 



284 ■ COMMON SCHOOL LAW 

teachings and extracts pervade and ornament our secular 
literature, and are important elements in its value and use- 
fulness. Such text-books are in the schools for secular in- 
struction, and rightly so ; and the constitutional prohibi- 
tion of sectarian instruction does not include them, even 
though they ma}^ contain passages from which some infer- 
ences of sectarian doctrine might possibly be drawn. Fur- 
thermore there is much in the Bible which cannot justly be 
characterized as sectarian. There can be no valid objection 
to the use of such matter in the secular instructions of the 
pupils. Much of it has great historical and literary value, 
which may be thus utilized without violating the constitu- 
tional prohibition. It may also be used to inculcate good 
morals — that is, our duties to each other — which may and 
ought to be inculcated by the district schools. No more 
complete code of morals exists than is contained in the 
New Testament, which reaffirms and emphasizes the moral 
obligations laid down in the Ten Commandments. Con- 
cerning the fundamental principles of moral ethics, the re- 
ligious sects do not disagree." 

As to the weight of authority in America there is no 
question. The only decision directly holding the practice 
of reading the Bible in the public schools to be unconstitu- 
tional is the Wisconsin case already referred to. The Amer- 
ican Encyclopedia of Law, Vol. 21, page 775, says : "The 
practice of opening school exercises by reading from the 
Scriptures has been attacked as sectarianism. Generally, 
however, the constitutionality of the practice has been up- 
held." In Maine, it was held in Donahoe vs. Richards, 38 
Me. 379, that a requirement by the superintending com- 
mittee that the King James version of the Bible should be 
read in the public schools was in violation of no constitu- 
tional provision and binding upon all members of the 
school, though composed of divers religious sects. In Mas- 
sachusetts it was decided in Spiller vs. Woburn, 12 Allen, 
127, that the committee might require the schools to be 
opened each morning with reading from the Bible and with 
prayer. In Illinois and Nevada a similar view was taken. 
In Iowa, Moore vs. Monroe 64 Iowa, 367, it was held that 



SECTARIANISM 285 

a statute providing that the Bible should not be excluded 
from the schools was constitutional. But the court left the 
use of the Bible in the school to the option of the teachers, 
restricted only by the provision that no pupil should be requir- 
ed to read it contrary to the wishes of his parents or guar- 
dians. In Ohio, in a case that was argued in the court be-, 
low with more learning and more elaborately than any case 
on the same question in any other forum (Board of Educa- 
tion vs. Minor, 23 Ohio 2ii), the higher court refused to 
decide the constitutionality of the rule requiring the Bible 
to be read in the schools, lodging the decision of the ques- 
tion in the board of education, to whom the legislature had 
committed the exclusive management of the schools. Thus 
it will be seen that if the question before us is to be de- 
cided by the weight of authority, as expressed in the de- 
cision of the various states, there being only one common 
pleas case in Pennsylvania, it must be decided in favor of 
the defendants. 

The argument suggested by the Iowa and Ohio cases 
is worthy of serious consideration. The legislature has com- 
mitted the management of the public schools to boards of 
control or boards of school directors. In conjunction with 
the teachers, they decide what books shall be used in the 
schools. Why cannot the question of reading the Bible in 
the public schools, as a part of the opening exercises, be left 
to them? This is where the question has been practically 
since the common school system was established in Penn- 
sylvania. In some schools the Bible is read ; in others it 
is not. There is no law requiring it ; there is no law pro- 
hibiting it. If it is read, the constitution is not disturbed ; 
if a board should decide that it shall not be read, why is not 
such action within its discretion ? We are not deciding 
the case at bar upon the basis suggested by this argument, 
but we can easily see how, upon this basis, and upon this 
alone, the court of last resort may finally dispose of the 
question. 

Now, the'refore, the above case having been fully heard 
in open court and argued by counsel, it is ordered and 
decreed that the bill of complaint in said case be dismissed 
at the costs of the plaintiff, and that the injunction hereto- 
fore granted be dissolved.^ 

5. Stevenson vs. Hanyon, 7 U. R. 5S5, 1898. 



CHAPTER XXV. 

PUBLIC HEALTH ACTS. 

PAGE 
6ii, Certain children not allowed to attend school in the several 

municipalities of this Commonwealth 286 

612. Period of exclusion. Purpose of physician's certificate 287 

613. Duty of principal of schools 287 

614. Right of teachers to exclude pupils for failure to be vaccinated 287 
615 Physician's certificate of vaccination or of small-pox under 

Sec. 12, Act of June 18, 1895 288 

616. Pupils nmst present certificate of vaccination 289 

617. Registry 294 

618. Duty of health officers 294 

619. Penalty ■ 20^ 

620. Fine and imprisonment - 295 

621. Act includes townships 295 

622. The Act of June 18, 1895, P. L. 203, is a valid exercise of the 

police power of the state 29=5 

623. Township school board to exercise the power of board of 

health. Power to make rules and regulations 300 

624. Abatement of nuisances ^oo 

625. Sanitary agent aoo 

626. Duties of school directors 301 

627. School directors may be compelled to organize as a board of 

liealth 302 

628. Right of school directors to exclude pupils for failure to be 

vaccinated , ^02 

629. School district not liable for the employment of a physician 

by the school board under Act of 1899 305 

630. Conflicting opinions as to the liability of school district under 

Act of 1899 307 

631. Liability of borough for expenses incurred by the local board 

of health in employing a physician to vaccinate school chil- 
dren. Opinion by Hampton L- Carson, Attorney-General... 308 

632. School board should adopt rules 311 

633. Appointment of sanitary agen: 312 

634. Sanitary regulations of school or college buildings , 313 

635. School directors, trustees and others having control of school 

buildings to adopt a method of disinfection 313 

636. Duty to disinfect 310 

637. Approval of method by board of health 313 

638. Not to interfere with school session 314 

639. Portion of appropriation for expenses 314 

640. Fine for neglect 314 

Certain children not allowed to attend school in the several munic- 
ipalities of this Commonwealth. 

611. No child or other person belonging to, or residing 
with the family of any person or'residing iu the same house 
in which any person may be located who is suffering from 



PUBLIC HEALTH ACTS 287 

cholera, small-pox (variola or varioloid), scarlet fever, typhus 
fever, yellow fever, relapsing fever, diphtheria, diphtheritic 
croup, membraneous croup or leprosy shall be permitted to 
"attend any public, private, parochial, Sunday or other school 
in said municipalities, and all school principals, Sunday- 
school superintendents or other persons in charge of such 
schools, are hereby required to exclude any and all such 
children and persons from said schools.' 
Period of exclusion. Purpose of physician's certificate. 

612. Such exclusion to continue for a period of thirty 
days following the discharge by recovery or death of the 
person last afflicted in said house or family, or his or her 
removal to hospital, and the thorough disinfection of the 
premises, and all such children or other persons as aforesaid, 
before being permitted to attend or return to school, shall 
furnish to said principal or other person in charge of said 
schools a certificate signed by the medical attendant of said 
children or persons, or by a physician to be designated by 
the health authorities of said municipalites, setting forth 
that the thirty days mentioned in this section have fully ex- 
pired : Provided however, That the health authorities may 
by rule or regulation provide that such certificates shall only 
be given by a person to be designated by said authorities, 
and in such case no other certificate shall be recognized.^ 
Duty of principal of schools. 

613. All principals or other persons in charge of schools 
as aforesaid are hereby required to refuse the admission of 
any child to the schools under their charge or supervision, 
except upon a certificate signed by a physician, setting forth 
that such child has been successfully vaccinated, or that it 
has previously had small-pox. ^ 

Right of teachers to exclude pupils for failure to be vaccinated. 

614. In this case a petition was presented to court for 
a mandamus against A, principal of the Keystone Public 
School in the city of Philadelphia, to compel him to admit 



1. Aot June 18, 1895, Sec. 11, P. L. 203. 

2. Act June 18, 1895, Sec. 11, P. L,. 203. 

3. Act June 18, 1895, Sec. 12, P. L,. 203. 



288 COMMON SCHOOL LAW 

into the school a child of B, a girl eig-ht years of age, with- 
out being first vaccinated as required by the Act of June i8, 
1895. The court refused the mandamus for the reason that 
a principal of the public school in the exercise of a sound 
discretion may exclude pupils who have not been vacci- 
nated. ^ 

Physician's certificate of vaccination or of small-pox under sec. 12, 
act June 18, 1895. 

615. The certificate required by the act is "a certificate 
signed by a physician." It does not say he shall be a 
physician of the highest attainments or qualifications. It 
is fair to presume that the act contemplates a " legally qual- 
ified physician." To be registered he must be a legally 
qualified physician under the laws of the Commonwealth. 
What the act required is the certificate of a physician, show- 
ing that the child has been successfully vaccinated or had 
small-pox. It does not prescribe the form or language the 
certificate shall be in. 

Undoubtedly the act intends that children must either 
have been "successfully vaccinated" or have "had small- 
pox" to be admitted to school. 

The act points out how both or either of these questions 
shall be determined, namely, by the certificate of a physi- 
cian. It does not make school boards or teachers the judges 
of those questions of medical science. The power to decide 
those questions has not been placed with them, but where 
reason and common sense dictate it should be placed — with 
a physician. When the certificate of a physician is produced 
to either fact, that fact is determined for the purposes of the 
act. It is not required that all the physicians in a place 
shall unite in certifying the fact or that no physician shall be 
of a different opinion. It is not required that the school au- 
thorities shall be satisfied by a preponderance of medical or 
other evidence of the fact that in any given case a child has 
had small-pox. The act never contemplated that the fact 
must be proved to the satisfaction of the school board, or in 
any other way than by the certificate of a physician. The 



4. Field vs. Robinson, 198 Pa. 638, 1901. 



PUBLIC PIEALTH ACTS 289 

duty of the school authorities is plaiu ; it is to admit when 
the proper certificate is offered. It is not to speculate as to 
whether or not the physician knew what he was about or 
had made a correct diagnosis, or whether he stands higher 
or lower in ability than other physicians, or whether some 
other physician might not think differently. It is not to 
get the opinion of other physicians or make inquiries as to 
whether any person caught small-pox from a child, or to do 
any of the things that from the return they seem to suppose 
rested upon their shoulders. The responsibility rests upon 
the physician and not upon them. 

The physician, and not the board or teachers, is the 
judge of these matters, but we think it is the province of the 
board to determine whether or not the certificate is genuine 
or fraudulent.5 

Pupils must present certificate of vaccination. 

616. The children of A have been pupils in the public 
schools of the Borough of Hum melstown, Dauphin County, 
Pa., until November 17th, but upon that day they were re- 
fused admission because they had not been vaccinated. 
This refusal was authorized by the directors and is still 
maintained ; the present proceeding asks us to declare it un- 
lawful. The defendants support the exclusion by showing 
the following facts: Early in October of this year the health 
board of the borough (appointed in pursuance of the act of 
1893, P. L. 44) requested their attention to "that part of 
the Compulsory School Law pertaining to vaccination." 
This reference mistook the statute, but the mistake is not 
important ; every one concerned has understood fully that 
the legislation in dispute is section 12 of the act of June 
18, 1895, P. L. 203. Acting upon the communication of 
the board of health, the defendants passed a resolution, of 
which due public notice was given, " that all (pupils) who 
had not already been vaccinated, must be on or before Oct. 
20th, in accordance with the school laws." The date was 
afterwards extended to November i6tli. The plaintiff de- 



5. Cousins vs. Burgie, 13 D. R. 368, 1904. 

Commonwealth vs. Smith, 14 York 69, 1900. 



290 COMMON SCHOOL LAW 

clined to have his children vaccinated, and presented them at 
school upon November 17th without a certificate, as required 
by the section just referred to, setting forth that they had 
been successfully vaccinated or had previously had small- 
pox. This failure to obey the requirements of the section, 
and of the defendants' resolution, is the single reason why 
the children were denied admission. 

The case requires the court to determine the true mean- 
ing of the section in dispute, and to pass upon its constitu- 
tionality. The language is as follows : '' All principals or 
other persons in charge of schools as aforesaid are hereby 
required to refuse the admission of any child to the schools 
under their charge or supervision, except upon a certificate 
signed by a physician, setting forth that such child has been 
successfully vaccinated, or that it has previously had the 
small-pox." The phrase, " schools as aforesaid," refers to 
the section immediately preceding, and includes the schools 
there specified, namely : " any public, private parochial, 
Sunday or other school in said municipalities." The plain- 
tiff bases his principal argument upon this phrase in section 
12, and insists that it compels us to construe both sections 
as applying to the same condition of affairs. We think, 
however, that this view cannot be successfully maintained. 
The eleventh section deals with the case of actual attack by 
certain infectious and contagious diseases — among them be- 
ing small-pox ; and provides that no child belonging to a 
family thus afflicted, or living in the same house, shall be 
permitted to attend any of the schools already named ; ex- 
pressly requiring " all school principals, Sunday school 
superintendents, or other persons in charge of such schools, 

to exclude any and all such children from said 

schools " for a certain period. The whole section contem- 
plates complete isolation of the infected house and family ; 
a measure which is now everywhere admitted to be indis- 
pensable. Nevertheless the plaintiff construes section 12 to 
mean that, immediately after commanding that pupils from 
infected houses must be absolutely excluded from schools, 
the legislature proceeded to enact, that if the disease is small- 
pox the children of the family may come to school, provided 



PUBLIC HEALTH ACTS 29 1 

a physician will certify that they have been successfully 
vaccinated or havepreviously had small-pox. In our opinion 
this construction must certainly be rejected. It is clear, 
that a vaccinated child coming from an infected house would 
be as likely to carry the disease to its associates as a child 
not vaccinated ; and thus the legislature would in one breath 
be taking precautions against contagion, and in the next 
breath would probably be rendering its precautions useless. 

The natural construction of the section avoids this 
serious difficulty. Apparently, the legislature has passed 
from the case of an actual attack by contagious disease, and 
is now considering how an attack may be prevented. In 
the present state of medical science, small-pox is the only 
disease whose attack may be prevented with reasonable cer- 
tainty, and therefore no other disease is named. It is not 
isolation that is now in mind, but the prevention of a par- 
ticular disease ; and for this purpose the legislature regards 
it as desirable that vaccination among the children of school 
age should be nearly universal. To furnish parents with a 
strong motive to submit to this view, the act reqirires all 
principals or persons in charge of schools to exclude chil- 
dren, unless a physician certifies that they have been suc- 
cessfully vaccinated or have previously had small-pox. This 
is the natural meaning of the words used ; and in accord- 
ance with established rules of construction, this is the mean- 
ing they must be held to bear. 

The remaining question is, whether this section is con- 
stitutional. It was objected to as invalid because it is not 
covered by the title of the act ; but the objection was not 
strongly urged, and need not be discussed. The title is : 
"An act to provide for the effectual protection of the public 
health in the several municipalities of this Commonwealth." 
Certainly one of the most obvious means of protecting the 
public health is to provide against the introduction of dis- 
eases into the public schools; and the next step in the train 
of thought leads inevitably to vaccination. No other con- 
stitutional objection was brought forward at the argument, 
and none has since suggested itself. The subject of the act 
is within the police power of the legislature, which certainly 



292 COMMON SCHOOL LAW 

extends to the care of the public health; and upon well-, 
settled principles the sound discretion of the legislature or- 
dinarily determines conclusively what are the best agencies 
and the most appropriate methods of carrying out its will. 
The limitations of this rule do not now concern us. 

Indeed, the case seems to us so plain that argument is 
difficult. But if argument is needed, it may be found by ex- 
tending the principles of Duffield vs.Williamsport School Dis- 
trict, 162 Pa. 476. (The details of the case may be found in 
Judge Metzger's opinions, printed in the Report of the State 
Board of Health for 1894, at pages 518 and 525.) Mr. Jus- 
tice Williams there states lucidly the reasons for deciding 
that school directors may in their discretion exclude from 
the public schools pupils wdio have not been vaccinated. 
It was held also that, whether such a resolution of exclusion 
is reasonable, is to be judged in the first instance by the 
school directors ; and, if this is true of the discretion of 
school directors, with much stronger reasons must it be true 
of similar action by the ultimate law-making power in the 
state. In the Williamsport case it was feared that small-pox 
was about to invade the city ; one attack was reported ; and the 
disease existed in other cities and towns in the neighborhood. 
In the case now before the court, counsel have agreed that 
small-pox is not, and for at least two months has not been, 
epidemic in the Borough of Hummelstown ; but no further 
fact upon the subject appears and we do not know whether 
or not the defendants' resolution was passed under a. reason- 
able apprehension of danger. Neither do we consider it ma- 
terial to inquire further into the matter ; in our opinion the 
legislature has the undoubted power to require vaccination 
as a condition precedent to admission into the public schools ; 
and if this be true, it is unimportant whether or not small- 
pox exists in the municipality when the pupil seeks to be 
admitted. The public schools are maintained out of public 
funds raised by taxation — a very large contribution being 
made directly out of the state treasury ; and it is clearly 
within the power of the legislature, as representing the 
Commonwealth, to declare upon what terms the public 
bounty is to be enjoyed. The act does not undertake to 



PUBLIC HEALTH ACTS 293 

compel vaccination, and therefore the questions which have 
been considered elsewhere concerning the power of the leg- 
islature over the human body do not now arise. The right 
of the plaintiff's children to attend the public schools is not 
complete until they have complied with the condition which 
the legislature has seen fit to impose. Without the certificate 
of a physician, as required by the statute, they cannot be 
admitted. 

,It was also argued that section 12 of the act of 1895 is 
in conflict with the Compulsory Edncation Act passed in 
the same year (P. L. 72).* To this jDOsition at least three 
answers are conceivable : 

First. As the ages of the plaintiff's children are not 
averred and do not otherwise appear, the court does not know 
that they are between the ages of eight and thirteen years ; 
and therefore, as the Compulsory Education Act only im- 
plies to children between these ages, the qnestion suggested 
does not arise. 

Second, If the Compulsory Education Act and the sec- 
tion under consideration are in irreconcilable conflict, the 
former statute must give way, because it was passed on May 
1 6th ; while the Public Health Act was approved on June 
1 8th, and being the later statute, must be enforced. 

Third. The Compulsory Education Act provides that 
children may be excused from attendance if the school board 
of the district receives satisfactory evidence that attendance 
is prevented by mental or physical or other urgent reasons. 
It might therefore be held, that if a child was not vaccinated 
and was therefore refused admission, it was prevented from 
attendance by a physical reason ; and if to this suggestion 
the reply should be made that the parent would thus be able 
to evade the Compulsory Education Act by refusing to vac- 
cinate his children, it might be rejoined that if such evasion 
became extensive the legislatnre would probably be forced 
to deal with it by providing for compulsory vaccination, and 
the question would then fairly arise whether the legislature 



* Note. — The Act of May 16, 1895, P. L. 72 was repealed by the Act 
of July II, 1901, P. L. 65S. See Supra COMPULSORY ATTEND- 
ANCE. Sees. 529-545. 



294 COMMON SCHOOL LAW 

possessed the constitutional power to pass such a statute. 
Of these three answers, we accept the first as sufficient, and 
express no opinion concerning the other two. 

So far as we know, the question under consideration 
has not been heretofore decided in this Commonwealth, 
although the reasoning of Duffield's case points strongly to 
the conclusion we have reached. In the State of California 
it arose several years ago, and was also decided in favor of 
the legislative power: Abeel vs. Clark, 84 Cal. 226. Maine 
and Massachusetts have statutes similar to the section under 
consideration.^ 

Tlie parents of a child who is refused admission to the 
public schools because they cannot produce a certificate of 
vaccination are not liable to the penalty provided by the 
compulsory education law.^ 
Registry. 

617. The health authorities of said municipalities shall 
furnish to principals or other persons in charge of said 
schools, and to physicians, the necessary certificates or blanks 
for the uses and purposes as set forth and required in sec- 
tions one, eleven and twelve of this act. The registry of said 
school shall exhibit the names and residences of all children 
or persons admitted or rejected for reasons set forth in this 
act, and said registry shall be open at all times to the in- 
spection of the health authorities.^ 

Duty of health officers. 

618. It shall be the duty of the health authorities in 
the several municipalities as aforesaid to furnish daily, by 
mail or otherwise, to principals or other persons in charge 
of said schools, a printed or written bulletin, containing the 
name, location and disease of all persons suffering from chol- 
era, small-pox, (variola or varioloid), scarlet fever, t>phus 
fever, yellow fever, relapsing fever, diphtheria, diphtheritic 
croup, membraneous croup or leprosy, upon receipt by them 
of reports of such cases from ph}'sicians as required in section 



6. Nissley vs. Hummelstown Borotigh School District, 5 D. R. 732, 1896. 

7. Commonwealth vs. Bauman, 50 P. L. J. 109, 1902. 

8. Act June 18, 1895, Sec. 13, P. L. 203. 



PUBLIC HEALTH ACTS 295 

one of tliis act: Provided, That the health authorities of 
any municipality may, in lieu of the daily bulletin herein 
required, provide that a notice shall be given to the school 
or schools attended by the children in whose home or resi- 
dence any of the diseases mentioned in this section exist, and 
prescribe the form of said notice.^ 

Penalty. 

619. Any physician, undertaker, principal of a school, 
superintendent of a Sunday school, sexton, janitor, head of 
a family or any other person or persons named in this act, 
who shall fail, neglect or refuse to comply with, or who shall 
violate any of the provisions or requirements of this act, 
shall for every such offense, upon conviction thereof before 
any mayor, burgess, alderman, police magistrate, or justice 
of the peace of the municipality in which said offense was 
committed, be liable to a fine or penalty therefor of not less 
than five dollars, nor more than one hundred dollars.-" 
Fine and imprisonment. 

620. Said fines or penalties shall be paid into the treas- 
ury of said municipality, and in default of payment thereof, 
such person or persons so convicted shall undergo an im- 
prisonment in the jail of the proper county for a period not 
exceeding sixty days." 

Act includes townships. 

6^1. The act of June 18, 1895, relating to vaccination 
of school children applies to township school districts and 
is not limited to cities and boroughs. A township is a mu- 
nicipal corporation.'^ 

The Act of June 18, 1895, P. L. 203 is a valid exercise of the police 
power of the state. 

622. Said Mitchell, C. J. : — The substantial question in 
this case is whether the act of June 18, 1895, P- L. 203, re- 
quiring the exclusion from the public schools of children 
who have not been vaccinated is a valid exercise of the police 



9. Act June 18, 1895, Sec. 14, P. I,. 203. 

10. Act June 18, 1895, Sec. 21, P. L,. 203. 

II Act June 18, 1895, Sec. 21, P. L. 203. 

12. Sprague vs. Baldwin, 18 Pa. C. C. 568, 1897. 



296 COMMON SCHOOL LAW 

power of the state. It has been twice so decided by this 
court. In Duffield vs. School District of Williamsport, 162 
Pa. 476, a similar regulation not even enacted by the legis- 
lature but enforced by the school directors under an ordi- 
nance of the city of Williamsport was held valid. And in 
Field vs. Robinson, 198 Pa. 638, this very statute of 1895 
was held constitutional. It appears to be thought that be- 
cause the decision was given in a brief opinion per curiam 
the subject was not fully considered. But the proper in- 
ference is precisely the reverse, that the conclusion was so 
perfectly clear to the whole court that it did not require any 
extended argumentative support. 

After these two decisions the question ought to have 
been considered as closed. But we have it raised again with 
small variations of facts and considerations, none of which 
are at all material. 

On the constitutional question it is said that section 12 
of the act contravenes sections 7 and 8 of article 3 of the 
constitution in that it is local and special legislation, regu- 
lating the affairs of school districts. The terms of the act 
apply expressly to the " several municipalities " of the state, 
and it is argued that they do not include school districts in 
townships, and therefore make an unwarranted distinction 
in regard to such districts. Whether townships are munici- 
palities within the intent of the act it is not now necessary 
to consider. Even if not, the separate classification of school 
districts in cities and boroughs with reference to public 
health where population is dense and the danger of conta- 
gion great, would not be unconstitutional. Sugar Notch 
Borough, 192 Pa. 349. 

But the act is in no proper sense a regulation of school 
districts. It is an act entitled " for the more effectual pro- 
tection of the public health in the several municipalities of 
the Commonwealth " and is a general statute on that sub- 
ject. What bearing it has on schools and school districts 
is altogether incidental to them as constituents of the com- 
munity. The constitutional restrictions on special legisla- 
tion apply to direct legislation, not to the incidental opera- 
tion of statutes constitutional in themselves upon other 



PUBLIC HEAI.TH ACTS 297 

subjects than those with which they directly deal. Sugar 
Notch Borough, 192 Pa. 349. 

It is further said that section 12 contravenes section i 
of article 10 of the constitution, requiring the maintenance 
of an efficient system of public schools wherein all children 
above the age of six years may be educated. It is sufficient 
to say that this article like all others must be construed and 
applied in connection with other fundamental governmental 
powers. The schools and school children, important as they 
are, are only fractions of the community, and the police 
power of the Commonwealth in the preservation of the pub- 
lic health must, if necessity arises, sacrifice the less to the 
greater interest. Sa/^/s popiili siiprcvia lex. If a child 
manifestly suffering from small-pox in its contagious stage 
should be excluded from school, it is hardly conceivable that 
the propriety of such action should be questioned. At what 
period before or after the outbreak of the disease the right 
of exclusion should arise is a legislative not a judicial ques- 
tion. As said by our late brother, Williams, in Duffield vs. 
School District, 162 Pa. 476, already cited, "It is conceded 
that the board might rightfully exclude the plaintiff's son 
if he was actually sick with, or just recovering from, the 
small-pox. Though he might not be affected by it, yet if 
another member of the same family vv^as, the right to exclude 
him notwithstanding he might be in perfect health, would 
be conceded. How far shall this right to exclude one for 
the good of many be carried ? That is a question addressed 
to the official discretion of the proper officers ; and when 
that discretion is honestly and impartially exercised the 
courts will not interfere." These words, it should be re- 
membered, were written with reference to authority exercised 
under a city ordinance, and a fortiore when the police power 
of the state intervenes under the authority of a statute its 
directions are commands that may not be disputed 

It is further argued that sections 11 and 12 of the act 
should be read together, and the right under section 12 to 
exclude unvaccinated children should be confined to the 
schools in the districts mentioned in section 11, namely 
those in which small-pox is actually prevalent. But this is 



298 COMMON SCHOOL LAW 

manifestly not the legislative intent. Section 11 deals with 
a present and immediate danger, with persons, dwellings 
and places where the disease actually prevails, and its pro- 
hibition includes adults as well as children, vaccinated or 
not. Section 12 on the contrary is a cautionary and pros- 
pective regulation, having in view not the actual presence 
of the disease, but its appearance in the future. The ob- 
jects of the two sections are distinctly different. 

In this connection the learned judge below found as a 
fact " that there is not at the time of the filing of this bill 
nor has there been for a period of about forty years any per- 
son in the said borough of WaynesDoro or within many 
miles thereof, suffering from small-pox (variolo or vario- 
loid)," and it is argued that this feature distinguishes the 
case from those heretofore decided by this court. But the 
language of the act is general and its intent plain. The 
legislature may well have had in mind that the good for- 
tune of such a community ma}^ not continue indefinitely. 
Immunity for forty years in the past affords no guaranty 
of immunity for even forty days in the future if a chance 
visitor from an infected locality or a borough resident re- 
turning from such a locality should bring with him the 
germs of infection. Section 12 is precautionary and pre- 
ventive, and it is an old and sound maxim that an ounce of 
prevention is worth a pound of cure. 

There is one hardship in the twelfth section that may 
deserve consideration w^ith a view to a possible remedy. 
The court below found as a fact " that occasionally it is be- 
yond the power of children of school age as well as adults 
to be vaccinated, although they may not previously have 
had small-pox nor previously been vaccinated ; that even 
repeated attempts to perform the operation of vaccination 
upon such children or adults is without effect and vaccina- 
tion will not take. In such cases vaccination is not suc- 
cessful and a physician cannot certify that such child or 
adult has been successfully vaccinated." The health au- 
thorities, state or local, might well consider whether they 
have power to make a regulation as to what should be 
deemed a successful vaccination or its equivalent ; whether 



PUBLIC HEALTH ACTS 299 

the ratio of such immune children is of sufficient import- 
ance to justify the exercise of such power if possessed ; and 
whether such regulation would be undesirable as affording 
opportunity for the evasion of the statute. The latter, 
however, are medical and administrative rather than judi- 
cial qu-estions. 

Lastly, it is argued that construing section 12 as we 
have done it authorizes a trespass upon the reserved rights 
of the individual which are beyond the reach of even the 
police power. Vaccination, it is said, is the infliction of a 
disease, cow-pox, on the subject and if that can be done ir- 
respective of his consent then the next step may be to re- 
quire submission to inoculation with antitoxin or serum 
for diphtheria, tuberculosis, cancer, etc., and we have rather 
a dismal picture of the possible consequences. It will be 
time enough to consider such matters when they arise. At 
present the vast preponderance of opinion among intelligent 
and educated people, under the •guidance of the best med- 
ical authority is that vaccination is a highly useful amelior- 
ative if not always a preventive of one of the greatest 
scourges that have in past times afflicted humanity, and 
tliat the regulation of it by statute is not only a justifiable 
but a wise and beneficent exertion of the police power over 
the public health. When the legislature goes beyond that 
into new or more debatable fields, it will be time enough to 
consider the limits of its power. 

One expression in the opinion of the court below, and 
in some of the cases cited in the argument requires a pass- 
ing note. The act is not a penal statute. It is a broad, 
general act relating to the health of the whole population 
of the Commonwealth. It is not therefore to be construed 
or administered by the rigid technical rules applicable to 
penal laws, but fairly according to its intent, neither nar- 
rowing it to the letter, to the exclusion of cases clearly 
within such intent, nor stretching it beyond its legitimate 
scope to cover matters not clearly meant to be included. It 
is an act touching very closely common rights and privi- 
leges, and therefore specially requiring a common sense ad- 
ministration. 



300 COMMON SCHOOL LAW 

Decree affirmed. '^ 

Township school boards to exercise the power of board of health. 
Power to make rules and regulations. 

623. The school directors in each township of the state 
of Pennsylvania shall, in addition to the powers vested in 
them by existing laws, have full power and authority to 
make and enforce all needful rules and regulations to pre- 
vent the introduction and spread of contagions or infectious 
diseases, by the regulation of intercourse with infected 
places, by prohibiting from attending any public school any 
child or other person belonging to or residing with the family 
of any person, or residing in the same house, in which any 
person may be suffering from cholera, small-pox (variola, 
varioloid), scarlet fever, typhus fever, yellow fever, re- 
lapsing fever, diphtheria, diphtheritic croup or mem- 
braneous croup, or any other contagious disease ; and 
it shall be the duty of all physicians practicing within the 
several townships to report 'to the secretary of such school 
board the names and residences of all persons coming under 
their professional care, afflicted with any of the aforesaid 
contagious or infectious diseases, within twenty-four hours 
after the development of any such disease. "* 

Abatement of nuisances. 

624. In tlie case of the prevalence of any contagious or 
infectious disease in any township of this Commonwealth, 
the board of school directors of such township shall have 
power by themselves, or by a sanitary agent to be by them 
appointed, to enter at any time upon any premises in the 
said township in which there is suspected to be any conta- 
gious or infectious disease, or nuisance productive of such 
disease or detrimental to the public health, for the purpose 
of examining the said premises and abating any nuisance 
found thereon detrimental to the public health.'-'' 
Sanitary agent. 

625. Before appointing any sanitary agent to aid in en- 
forcing the rules and regulations of the board, as aforesaid, 

13. Still vs. Reber 63 Jan. Term, Supreme Court, 1906. 

14. Act April II, 1899, Sec. i, P. L. 38. 

15. Act April II, 1899, Sec. 2, P. L. 38. 



PUBLIC HEALTH ACTS 3OI 

the board shall make application to the court of common 
pleas of the county in which the township is located, or to 
a law judge thereof, setting forth particularly the reasons 
which, in their judgment, make the appointment of such 
agent necessary, setting forth also the compensation which 
the board deems proper to pay for the services of such sani- 
tary agent, and if the said court, or judge thereof, shall ap- 
prove the reasons given by the said board for the appointment 
of such sanitary agent, and shall also approve the compen- 
sation deemed proper therefor, said board shall have the 
authority to appoint such sanitary agent for such term as 
may be designated by the said court or judge thereof, the 
said compensation to be paid out of the school fund of the 
respective townships.'^ 

Duties of school directors. 

626. Judge O'Connor said : "We regard the act of April 
II, 1899, as mandatory in its terms, and when it gives power 
and authority to the school boards in townsliips of the state 
to make and enforce all needful rules and regulations to pre- 
vent the introduction and spread of contagious or infectious 
diseases by the regulation of intercourse with infected places, 
by prohibiting from attending any public school any child 
or person belonging to or residing with the family of any 
person, or residing in the same house in which any person 
may be suffering from the maladies named, among which is 
the disease known as the " small-pox" it means that the school 
board shall exercise the power and authority so given and 
not that the board can ignore the presence of such diseases 
in the school district when the matter has once been brought 
to the directors' notice. 

There is no means provided by the act for the raising 
of any specific fund out of which extraordinary expenses 
could be met, but a fair construction of this act of assembly 
required the school board to formally adopt rules and regu- 
lations much after the practice followed by boards of health. 
After they have adopted such rules and regulations, as adopted 
by the board after the manner that health officers in various 



16. Act April II, 1899, Sec, 3, P. L. 38. 



302 COMMON SCHOOL LAW 

> 

boroughs and cities enforce the provisions of the rules and 
regulations of the boards of health appointing them.'^ 

School directors may be compelled to organize as aboard of health. 

627. A writ of mandamus will lie at the relation of the 
district attorney to compel the directors to organize as a 
board of health and perform the duties imposed on them. 
The more convenient and efficient and effective way for a 
school board to proceed in a case requiring action, is to or- 
ganize a local board of health and proceed in regular and 
legal course, doing nothing in the premises on consultation 
not had together at a regular convened meeting, nor as in- 
dividuals. All must be done by action of the board, as- 
sembled according to legal requirements. Individual acts, 
or acts of one or more members of the board, or advice and 
persuasion, are not what the law requires ; but deliberative 
and rigorous action of the board legally convened for the 
purpose, after their making the needful rules and regulations 
for the prevention of the spread of the contagion, is impei'- 
ative '^ 

Right of school directors to exclude pupils for failure to be vac- 
cinated. 

628. The facts of the case are given in the opinion of 
the Supreme Court, which was delivered by Mr. Justice 
Williams, as follows : 

The plaintiff seeks to compel by a writ of mandamus 
the admission of his minor son to the common school of 
the city of Williamsport. The board of school directors ad- 
mits that the child is of proper age, is in good health, and 
possesses the qualifications that are enumerated in the gen- 
eral school laws as those that entitle him to admission. 
They allege, however, that he is excluded because of non- 
compliance with a regulation adopted in the exercise of a 
proper measure of care for the public health. The facts ap- 
pearing in the answer are substantially as follows : 

First. That the city of Williamsport provided by an 
ordinance adopted in 1872 and still in full force that no 



17. Croyle Twp. School District, 29 Pa. C. C. 93, 1904. 

18. Commonwealth vs. Conewago School District, 18 York 125, 1904. 



PUBLIC HEALTH ACTS 303 

pupil "shall be permitted to attend any public or private 
school in said city without a certificate of a practicing phy- 
sician that such pupil has been subjected to the process of 
vaccination." Second. That sniall-pox now exists in Wil- 
liamsport and "is and has been epidemic in many near-by 
cities and towns." Third. That in view of this situation 
tlie attention of the school board was drawn to the 
subject by a communication from the board of healtli re- 
questing them to take action "to the effect that no j)upil 
shall attend the schools of this city except they be vacci- 
nated or furnish a certificate from a physician that such vac- 
cination has been performed." Fourth. That upon con- 
sidering this communication " and from the general alarm 
prevailing in the city over the report that a case of small- 
pox was in the city " they adopted a resolution in conform- 
ity with the recommendation of the board of health. Fifth. 
That this resolution is not enforced against those not at 
present in a condition to undergo vaccination ; and as to 
those unable to bear the expense, the board provide vacci- 
nation without charge. 

The plaintiff demurred to this answer, and the questions 
thus raised are over the power of the school board to adopt 
reasonable health regulations for the benefit of their pupils 
and the general public, and over the reasonableness of the 
particular regulation compiained of in this case. It should be 
borne in mind that there is no effort to compel vaccination. 
The school board do not claim that they can compel the plain- 
tiff to vaccinate his son. They claim only the right to exclude 
from the schools those who do not comply with such regu- 
lations of the city and the board of directors as have been 
thought necessary to preserve the public health. It would 
not be doubted that the directors would have the right to 
close the schools temporarily during the prevalence of any 
serious disease of an infectious or contagious character. 
This would be a refusal of admission to all the children of the 
district. They might limit the exclusion to children from 
infected neighborhoods, or families in which one or more of 
the members was suffering from the disease. For the same 
reason they may exclude such children as decline to comply 



304 COMMON SCHOOL LAW 

with requirements looking to prevention of the spread of 
contagion, provided these requirements are not positively- 
unreasonable in their character. 

Is the regulation now under consideration a reasonable 
one? That is to be judged of in the first instance by the 
cit}^ authorities and the school board. It is only in the case 
of an abuse of discretionary powers that the court will un- 
dertake to supervise official discretion. Vaccination may be, 
or may not be, a preventive of small-pox. That is a ques- 
tion about which medical men differ and which the law 
affords no means of determining in a summary manner. iV 
decided majority of the medical profession believe in its effi- 
cacy. The municipal regulations of many, and I have no 
doubt of most, of the cities of this state and country, pro- 
vide for it. In the present state of medical knowledge and 
public opinion upon this subject it would be impossible for 
a court to deu}- that there is reason for believing in the im- 
portance of vaccination as a means of protection from the 
scourge of small-pox. The question is not one of science 
in a case like the present. We are not required to deter- 
mine judicially whether the public belief in the efficacy of 
vaccination is al)solutely right or not. We are to consider 
what is reasonable in view of the present state of medical 
knowledge and the concurring opinions of the various 
boards and officers charged with the care of the public health. 
The answers of the cit\ and the school board show the belief 
of the proper authorities to be that a proper regard for the 
public health and for the children in the public schools, re- 
quires the adoption of the regulation complained of. They 
are doing, in the utmost good faith, what they believe it is 
their duty to do; and though the plaintiff might be able to 
demonstrate by the highest scientific tests that they are mis- 
taken in this respect, that would not be enough. It is not 
an error in judgment, or a mistake upon some abstruse ques- 
tion of medical science, but an abuse of discretionary power, 
that justifies the courts in interfering with the conduct of 
the school board or setting aside its action. It is conceded 
that the board might rightfully exclude the plaintiff's son 
if he was actually sick with, or was just recovering from. 



PUBLIC HEALTH ACTS 305 

the small-pox. Though he might not be affected by it, yet 
if another member of the same family was, the right to ex- 
clude him, notwithstanding he might be in perfect health, 
would be conceded. How far shall this right to exclude one 
for the good of many be carried ? That is a question ad- 
dressed to the official discretion of the proper officers ; and 
when the discretion is honestly and impartially exercised 
the courts will not interfere. '^ 

School district not liable for the employment of a physician by the 
school board under act of 1899. 

629. The school board quarantined the home of A. for 
small-pox and B., the physician, rendered medical services 
and charged the school district for attendance, although the 
physician admits that he had no contract with the school 
board to render the services, but claims that under the act 
of 1899 the school district is liable. 

The court said: "It is well settled by numerous deci- 
sions of our courts that 'school districts are those sub-divi- 
sions of towns or townships made for the purpose of main- 
taining schools. They are not bodies politic or corporate, 
with the general powers of corporations, but may be consid- 
ered as quasi-corporations with limited powers co-extensive 
with duties imposed upon them by statute or usage and there- 
fore the strict principles of law respecting corporations can- 
not in all cases be applied to these aggregate bodies created 
usually by statute.' Even if the plaintiff had shown 
a contract with the school board it would be in- 
cumbent upon him to show that the board had authority 
to make such a contract. He relies upon the act of April 
II, 1899, P. L. 38. By this act school directors of the sev- 
eral townships are empowered to exercise the powers of a 
board of health in the township, to make rules and regula- 
tions to prevent the spread of contagious or infectious dis- 
eases, and to appoint and fix the compensation for a sani- 
tary agent. By section 2 of said act, in case of the preva- 
lence of any contagious or infectious disease in any town- 



19. Duffield vs. School District, 162 Pa. 476, 1894. 

Gerhard vs. Packer Township School District, 24 Pa. C. C. 339, S. 
C, 9 D, R. 720, 1900. 



3o6 COMMON SCHOOL LAW 

ship, the board of school directors of such township shall 
have power by themselves or by a sanitary agent to be by 
them appointed, to enter upon any premises in said town- 
ship in which there is suspected to be any contagious or in- 
fectious disease or nuisance productive of such disease or 
detrimental to the public health, for the purpose of exam- 
ining the said premises and abating any nuisance found 
thereon detrimental to the public health. The appoint- 
ment of the sanitary agent and the compensation which the 
board deems proper for his services must both be approved 
by the court of common pleas of the county in which the 
township is located, or by a judge thereof, otherwise he 
could not legally recover any compensation from the school 
board. Nowhere in the act are school directors authorized 
to appoint any other agents or employ any person to perform 
any services excepting that of a sanitary agent. 

" There is no act of assembly, however, which would 
authorize a school board to incur any expenditure for phy- 
sicians or medical attendance of the family quarantined, 
and we are of opinion that if the family quarantined is not 
of sufficient ability to provide food and medical attendance 
that it would be the duty of the poor authorities to make 
provision for such expenditures. If the person quarantined 
was ill of any disease not contagious, or if any member of 
the family was in need of the services of a physician, and 
they or the head of the family are not of sufficient ability to 
pay for the necessary food and medical attendance during 
such illness, it would be the duty of the poor directors to 
care for and maintain such family and provide the necessary 
medical attendance or services, and unquestionably, if such 
person or family was legally put upon the county it would 
be a neglect of official duty not to give such care and atten- 
tion. There is no reason why the same rule should not 
apply when the person ill and needing a physician is suffer- 
ing from a disease which is contagious, unless the munici- 
pality is made liable for such expenditures by law. 

" In the case of boroughs and cities the statute ex- 
pressly makes them liable for all necessary expenditures 
where the person quarantined is not of sufficient ability to 



PUBLIC HEALTH ACTS 307 

pay for food and medical attendance. In the case of a town- 
ship no such provision is made by statute, and the faihire 
of the legislature to make such provision shows a clear in- 
tention in its part to leave such liability upon the poor au- 
thorities. Unquestionably if there was no provision in law 
for the maintenance of a person quarantined, who was a 
pauper, courts would impose a liability upon the authority 
enforcing the quarantine, but that would be done not by 
virtue of any statute, but from reasons of humanity. The 
only duty imposed by statute upon a school board is to en- 
force the quarantine, and this it should do rigorously. In 
case the person quarantined was not of sufficient ability to 
provide food and the necessaries of life and medical attend- 
ance the poor authorities should at once be notified and 
until notified the board make all needful provision for the 
family. ^° 

Conflicting opinions as to the liability of school district under 
act of 1899. 

630. Judge Savidge said : " A school district is aiithor- 
ized to erect and furnish a hospital for the care of small-pox 
patients and provide the necessary supplies for the occu- 
pancy thereof and a doctor to attend the patients at a fixed 
salary. The directors of the poor are required to funiish 
medicine, food and proyisions, including a nurse or nurses 
and a cook." ^' 

Judge Lindsey holds that the legislature has provided 
a full and complete method or means to suppress contagious 
diseases and has provided for the health and sanitary regu- 
lations of the people not only in incorporated cities and bor- 
oughs, but in the rural districts. This system is complete 
in itself The power vested in boards of health to quaran- 
tine families and to provide hospitals, necessarily implies the 
right to maintain and support those families during the 
period of quarantine and while thc}^ are in the control of 



20. Brown vs. West Salem School Dist, 30 Pa. C. C. 124, 1904. 

21. Coal Township School Directors, 2 Pa. J. I,. R. 237, 1904. 



3o8 COMMON SCHOOL LAW 

the board of health. This system is complete and inde- 
pendent of the poor laws of the Commonwealth.^^ 

Liability of a borough for expenses, incurred by the local board of 
health in employing a physician to vaccinate school children. 
Opinion by Hampton L. Carson, Attorney General. 

631. Samuel G. Dixon, M. D., Health Commissioner. 
Sir: '' I am in receipt of your letter of the 24th ult, re- 
ferring to this department a communication from J. K. L. 
Mackey, Health Officer of the borough of Shippensburg, re- 
questing an opinion as to the liability of the borough for 
payment of certain expenses incurred by the local Board of 
Health in employing a physician to vaccinate school chil- 
dren whose parents were too poor to pay, for which expenses 
the Council of said borough refuses to make appropriation. 

" You ask me the question : Who is legally responsible 
for the payment of bills contracted by local Boards of Health 
for the protection of the health of the community, when the 
Council of the borough refuses to pay such bills or allow the 
board a sufficient appropriation to meet the obligations in- 
curred ? The facts relating to the communication of Mr. 
Mackey raise a question which is narrower than the one 
put in your letter of transmittal. Mr. Mackey's case is that 
of school children of poor parents, vaccinated by the phy- 
sician of the Health Board of the borough by direction of 
the board. Your question would involve expenses of all 
kinds incurred in the protection of the public health, of 
which vaccination might be but a single item. It is neces- 
sary to discriminate between the action of local boards and 
the action of your department." 

"The Act of May 11, 1893, P. L. 44, relates to the or- 
ganization of Boards of Health in boroughs, and in Sec- 
tions 2 and 3 prescribes the duties and powers of such 
boards. Substantially they are the same, mutatis mutandis ^ 
as those of Boards of Health in cities of the third class, 
under the Act of May 23, 1889, P. L. 306. It is provided 
that all fees, which shall be collected or received by the 



In re Kibby Family, 2 Pa. J. L. R. 167, S. C. 12 D. R. 527, 1904. 
Commonwealth vs. Guy, 13 D. R. 213, 1904. 
Beaver County Commissioners, 14 D. R. 491, 1904. 



PUBLIC HEALTH ACTS 309 

board or any officer thereof in liis official capacity, shall be 
paid over into the borough treasury monthly, together with 
all penalties which shall be recovered for the violation of 
any regulation of the board. Se;,ction 4 of the Act of 1893 
defines the powers and duties of such boards with regard to 
infectious diseases, and, inter alia, empowers them 'to en- 
force vaccination.' The context leads me to the belief that 
these words do not mean compulsory vaccination in a gen- 
eral sense, but only under conditions of infection and con- 
tagion which render such enforcement necessary. Section 
7 of the same act provides that ' it shall be the duty of the 
Board of Health to submit annually to the council before 
the commencement of the fiscal year an estimate of the 
probable receipts and expenditures of the board during the 
ensuing year, and the council shall then proceed to make 
such appropriation therefor as they shall deem necessary.' " 

" Under provisions of this act it is within the discre- 
tion of the borough council to fix the amount of an appro- 
priation of funds to meet the estimated annual expense ac- 
count submitted by the Board of Health or make provision 
for payment of bills already contracted by said board. I am 
unable to find any other Act of x'lssembly which defines the 
extent of the discretionary power of council with regard to 
expenses contracted by Boards of Health, nor can I find any 
decision of the courts under this act. Neither do I find any 
act of assembly which in terms renders the borough liable 
for the expense of vaccinating school children whose parents 
are in indigent circumstances and unable to pay for the 
same, where the borough council neglects or refuses to ap- 
propriate the necessary funds to meet such expense." 

" In my judgment, if it should be shown as a fact that 
a borough had received funds from fines and penalties which 
had not been appropriated to the support of the Health 
Board, and if it should be further shown that the Health 
Board had submitted an annual estimate of its probable re- 
ceipts and expenditures, then it would become the duty of 
the councils to make an appropriation or at least show rea- 
sonable cause for not doing so. I do not believe that the 
Borough Council can arbitrarily refuse to make an appro- 



3IO COMMON SCHOOL LAW 

priation or successfully shield itself behind the plea that the 
matter is entirely within its uncontrolled discretion. The 
duty of making an appropriation is quite clearly stated in 
the act, provided the reasonable means of information for 
the intelligent exercise of judgment have been previously 
supplied." 

" The question can be raised by mandamus issued at 
the instance of the borough Board of Health through its so- 
licitor, or if there be no regular solicitor, a solicitor specially 
authorized to act in this instance." 

" Besides this, the matter could also be tested in an 
action of assumpsit by the doctor against the borough to re- 
cover the sum of money due him for services rendered at 
the instance of the Board of Health of the borough, relying 
upon the authority of the following cases : Allegheny 
County vs. Watt, 3 Pa. 462 ; Commonwealth vs. Harman, 
4 Pa. 269 ; County of Northampton vs. Innes, 26 Pa. 156 ; 
County of Allegheny vs. Shaw, 34 Pa. 301." 

" I am not advised how far the action of the Health 
Board in the borough of Shippensburg was caused by any 
action of yours, or whether you took any official action in 
the premises. The Act of April 27, 1905, P. L. 312, ' Cre- 
ating a Department of Health and defining its powers and 
duties,' in Section 8 provides that ' it shall be the duty of 
the Commissioner of Health to protect the health of the 
people of the state and to determine and employ the most 
efficient means for the prevention and suppression of dis- 
ease, etc' In Section 17 of the same act it is provided that 
' all necessary expenses iinder the provisions of this act, 
shall, after approval in writing by the Governor and the 
Commissioner of Health, be paid into the State Treasury 
upon the warrant of the Auditor General in the manner 
now provided by law.' If, from your knowledge of the 
facts, you can certify that the expense of vaccinating these 
school children in Shippensburg was a necessary expense 
under the provisions of the act just quoted, the local phy- 
sician to whom the debt is due, can be paid without resort- 
ing to mandamus proceedings, but it will be unnecessary 
for me to point out to you the danger of allowing expenses, 



PUBLIC HEALTH ACTS 31I 

which ought to be borne locally, to be paid out of the funds 
of the state." 

" The Governor of this Commonwealth, on April 27, 
1905, approved an act, P. L. 317, ' to establish an emergency 
fund to be used as occasion may require in the suppression 
of epidemics, prevention of disease, and protection of human 
life in time of epidemic diseases or of threatening disease, 
and making appropriation therefor." It is quite clear that 
the conditions contemplated by this act were those of such 
extraordinary danger to public health as to be beyond the 
ability of the local authorities to check or relieve. Unless 
the conditions contemplated by this act existed and were 
made manifest in the manner indicated in the act, I cannot 
advise you that the expenses of vaccination contracted by 
the Board of Health in the borough of Shippensburg, or in 
any other borough, are pa)^able out of the emergency fund 
appropriated by the Act of April 27, 1905." 

" Under the Act of 27th of April, 1905, P. L. 312, cre- 
ating your department, and defining its powers, it is clear 
that the rules and regulations of your department may be 
promulgated by sending printed copies to all local Boards 
of Health, school boards, and clerks of councils of cities and 
boroughs, and the rules and regulations shall be printed in 
circular form and given to anyone who demands them. 
The i6th Section of this act provides that every person who 
violates any order or regulation of the Department of 
Health, or who resists or interferes with any officer or agent 
thereof in the performance of his duties, in accordance with 
the regulations and orders of the Department of Health, shall 
be deemed guilty of a unsdemeanor, and shall, upon convic- 
tion thereof, be punished by a fine of not more than one 
hundred dollars or by imprisonment not exceeding one 
month or both at the discretion of the court." 
School board should adopt rules. 

632. When an infectious disease is prevalent within a 
school district, the school directors, acting as a Board of 
Health, have the authority to adopt rules and regulations 
to control the disease, to impose a penalty for the violation 
of those rules, and to maintain an action for the penalty ; 



312 COMMON SCHOOL LAW 

but though an action of assumpsit will lie, that action is in 
the nature of a summary conviction, and the record of such 
an action before a justice of the peace must show sufficient 
to give jurisdiction, and should disclose ever^' fact essential 
to the issue : i. e., the nature of the rules or regulations, 
and the penalty for violation thereof, and especially the 
particular rule which was violated and the amount of the 
penalty. ^^ 
Appointment of sanitary agent. 

633. Judge White said : 

" The school board of West Wheatfield Township have 
presented their petition for the approval of their appoint- 
ment of a sanitary agent to aid in enforcing the rules and 
regulations of the board. This application is made under 
the Act of April 11, 1899. This is the first application of 
the kind that has been made to this court. We find the re- 
cital, ' being notified and are aware of the typhoid fever in 
Garfield and vicinity in said township, and in our judgment 
deem it necessary that immediate steps be taken to have said 
town and vicinity put in proper sanitary condition,' and 
thereupon appoint John W. Huston, as sanitary agent, to 
act in said township during the school term at a compensa- 
tion of $1.50 per day for the time actually employed. The 
act requires the court to consider the matter as follows : 
' And if the said court, or judge thereof, shall approve the 
reasons given by the said board for the appointment of such 
sanitary agent, and shall also approve the compensation 
deemed proper therefor, said board shall have the authority 
to appoint such sanitary agent for such term as may be des- 
ignated by the said court or judge thereof, the said compen- 
sation to be paid out of the school fund of the respective 
townships.' We have nothing before us but the petition of 
the school board. We have no reason to doubt the accu- 
racy of the statements and request of the school board. In all 
such applications we should regard the statements of the 
school board as prima facia correct, and, of course, their 



23. Wayne Twp. School Directors vs. Rosencrans, 30 Pa. C. C. 9, 1904. 



PUBLIC HEALTH ACTS 313 

suggestions of the person and the compensation will be or- 
dinarily accepted and approved by the court." ^'^ 
Sanitary regulations of school or college buildings in cities. 

634. Whereas, infectious and contagious diseases are 
very largely disseminated through the agency of the schools, 
from the want of proper disinfection of school buildings, the 
following act was passed. 

School directors, trustees and others having control of school 
buildings to adopt method of disinfection. 

635. On and after the passage of this act, it shall be 
the duty of the board of school directors, trustees, or other 
person or persons having control of any school or college 
building, in any city of this Commonwealth, to adopt and 
immediately put into operation a modern method and sys- 
tem of disinfection, for the disinfection of such school or 
college buildings. ^5 

Duty to disinfect. 

636. It shall further be the duty of such board of school 
directors, trustees, or other person or persons having con- 
trol of any school or college building in any city of this 
Commonwealth, at regular intervals of not exceeding two 
weeks, to cause all of the school or college buildings under 
their control to be thoroughly disinfected, by means of the 
method and system which they may adopt in compliance 
with Section i of this act.^^ 

Approval of method by board of health. 

637. Whenever there exists in any city a local board of 
health for such city, the method and system of disinfection 
adopted by the board of school directors, trustees, or other 
person or persons having control of any school or college 
building in such city, shall be approved by such local 
board of health ; in any city where no such local board of 
health exists, such method and system of disinfection, as 
aforesaid, shall be approved by the state board of health of 
this state.^^ 



I 



24. West Wheatfield Township, 10 D. R. 76, 1900. 

25. Act April 14, 1903, Sec. i, P. L. 172. 

26. Act April 14, 1903, Sec. 2, P. L. 172. 

27. Act April 14, 1903, Sec. 3, P. L. 172. 



314 CX)MMON SCHOOL LAW 

Not to interfere with school session. 

638. In operating such methods and system of dis- 
infection, as aforesaid, the person or persons in charge of 
such duty shall, as far as practicable, perform such duty in 
such manner as not to interfere with the regular school ses- 
sions held in said school or college buildings, and it shall 
not be necessary under this act, to perform such duty in any 
school or college building which is not used and occupied 
for school purposes. ^^ 

Portion of appropriation for expenses. 

639. In order to fully and completely carry out the 
provisions of this act, and to defray the expenses necessary 
to equip and put into operation by the board of school di- 
rectors, trustees, or other person or persons having control 
of any public or high school of this state, such method and 
system of disinfection, as aforesaid, there shall be set aside 
by such school directors, trustees, or other person or per- 
sous having control of any public or high school building, 
out of the funds biannually appropriated by this state, under 
the act " providing method of distributing the appropria- 
tion to common schools," sufficient money, necessary to de- 
fray the expenses incident thereto.^^ 

Fine for neglect. 

640. Any board of school directors, trustees, or other 
person or persons, charged under this act with the enforce- 
ment of any of its provisions, who shall neglect to properly 
enforce the same shall, upon complaint of state or local 
board of health to the court of common pleas of the proper 
county, pay a fine of not less than five dollars nor more than 
one hundred dollars.^" 



28. Act April 14, 1903, Sec. 4, P. L. 172. 

29. Act April 14, 1903, Sec. 5, P. L. 172. 

30. Act April 14, 1903, Sec. 6, P. L. 172. 



CHAPTER XXVL 

teachers' institutes. 

PAGE 

641. Teachers' count}- institute. Organization 315 

642. Report of count}' superintendent on attendance 315 

643. Contribution from county treasurer to county institute 316 

644. Penalt}' of teachers for non-attendance 316 

645. Teacher's compensation for attending institute 316 

646. School district liable for teacher's compensation 317 

647. Compensation not to exceed two dollars per diem 317 

648. Pay of teachers while attending institute under act of 1887 317 

649. Institute accounts 318 

650. Superintendent's report on adjournment to superintendent of 

common schools 318 

651. Superintendent's report to school directors 318 

652. City and borough teachers' institute 319 

653. Qity or borough superintendent may call a teachers' institute.. 319 

654. Committee on permanent certificates , 319 

655. Time for holding city teachers' institute 319 

Teachers' county institute. Organization. 

641. The county superintendent of each county in this 
Commonwealth is hereby authorized and required, once in 
each year, at such time and place as he, or a properly au- 
thorized committee of teachers, acting with him, may deem 
most convenient, to call upon and invite the teachers of the 
common schools, and other institutions of learning, in his 
county, to assemble together, and organize themselves into 
a teachers' institute, to be devoted to the improvement of 
teachers in the science and art of education, and to continue 
in session at least five days, including a half day for going 
to, and a half day for returning from, the place of meeting ; 
said institute to be presided over by the county superin- 
tendent, or by some one designated by him, and subject, in 
its general management, to his control,' 

Report of county superintendent on attendance. 

642. Each county superintendent, upon the assembling 
of the teachers' institute of his county, shall cause a roll of 
members to be prepared, which roll shall be called at least 
twice every day, durnig the session of the institute, and all 
absentees carefully marked, and from which, upon the ad- 
jornment of the institute, he shall ascertain the exact nnm- 

I. Act April 9, 1867, Sec. 2. P. L. 51. 



3l6 COMMON SCHOOL LAW 

ber of teachers who were in attendance and the length of 

time each attended.^ 

Contribution from county treasurer to county institute. 

643. And upon the presentation of a certificate, at the 
close of the session of each annual institute, setting forth 
these facts (as set forth in Section 642), and signed by the 
county superintendent, to the treasurer of the proper county, 
he is hereby authorized and required to pay immediately, 
out of any money in the county treasury not otherwise ap- 
propriated, to the county superintendent, one dollar for 
every three days spent by teachers of the county in attend- 
ance at the institute, for that year, or as much of it as may 
be needed ; such money to be expended by the county super- 
intendent in procuring the services of lecturers and in- 
structors for the institute, and in providing the necessary 
apparatus, books and stationery, foi carrying on its work : 
Provided, That the amount which may be drawn from the 
county treasury shall, in no case, be more than two hun- 
dred dollars, but may, in all cases, be sixty dollars, if it 
shall appear, from the vouchers presented by the county 
superintendent to the county auditors, as required by the 
4th section of this act (see Infra TEACHERS' INSTI- 
TUTES, Sec. 649), that this sum has been actually ex- 
pended for the purposes herein specified. ^ 

Penalty of teachers for non-attendance. 

644. Any teacher who absents himself from the insti- 
tute of his county, without a good reason, may have his 
want of professional spirit and zeal indicated, by a lower 
mark on his certificate in the practice of teaching, than he 
would otherwise have received. ^ 

Teacher's compensation for attending institute. 

645. All boards of school directors and boards of con- 
trollers shall be and are hereby authorized and required to 
pay the teachers employed in the public schools, of the sev- 
eral districts, within their jurisdiction, for attendance upon 



2. Act April 9, 1867, Sec. 3, P. L. 51. 

3. Act April 9, 1867, Sec. 3 P. L. 51. 

4. Act April 9, 1867, Sec. 3, P. L. 51. 



teachers' institutes. 317 

the sessions of the annual county institutes, in the re- 
spective counties.5 
School district liable for teacher's compensation. 

646. Compensation for institute attendance shall be 
based on the official reports made, to the several boards of 
directors or controllers, by the proper county, city or bor- 
ough superintendent, who shall report the daily attendance 
of teachers to the respective boards by which they are em- 
ployed, and such compensation shall be allowed by the di- 
rectors or controllers, and paid by the district treasurer to 
the teachers entitled to receive the same.^ 
Compensation not to exceed two dollars per diem. 

647. Compensation, as herein authorized, shall not be 
less than the per diem pay for actual teaching ; Pro- 
vided, That it shall not, in any case, exceed two dollars per 
diem, and shall be allowed and paid to the teachers in their 
respective districts for each day's attendance reported as 
aforesaid by the proper superintendent.'^ 

Pay of teachers while attending institute under act of 1887. 

648. Attorney-General Kirkpatrick said : 

" The practical construction of this act of assembly, as 
made by the department of public instruction, is, that 
teachers are entitled to compensation for institute attend- 
ance, in addition to their regular wages, according to their 
per diem pay for actual teaching, but compensation as 
authorized by the act of assembly cannot lawfully exceed 
two dollars a day, which is the maximum allowance pro- 
vided by the act. The time of attendance cannot be re- 
ported and credited as part of the twenty days' actual teach- 
ing required to constitute a school month, but is in addition 
thereto. 

Teachers in attendance who are, at the time of holding 
the institute, engaged in teaching in the county, and also 
those who have been elected or employed to teach in the 
public schools of the county for the current annual term, 



5. Act April 13, 1887, Sec. i, P. L. 20. 

6. Act April 13, 1887, Sec. 2, P. L,. 20. 

7. Act April 13, 1887, Sec. 3, P. 1,. 20. 



3l8 COMMON SCHOOL LAW 

prior to the date of the institute — but whose schools are 
opened subsequently — are to be reported by the superin- 
tendent, and credited as legal members of the institute, and 
are entitled to compensation for attending the same. 

In my opinion this construction accords with the true 
intent of the act of assembly in question."^ 
Institute accounts. 

649. Each county superintendent who may draw 
money from the county treasury, for the purposes named in 
this act, shall file his account of all expenditures, under the 
act, in the office of the county treasurer, with vouchers for 
the same, which shall be examined by the auditors of the 
county, in like manner, as other county expenditures ; a!id 
any misapplication of funds shall be punished in the same 
manner as collectors of state and county taxes, for like of- 
fenses, are now punished.^ 

Superintendent's report on adjournment to the superintendent of 
common schools. 

650. All county superintendents, upon the adjourn- 
ment of the teachers' institutes, held in their respective 
counties, are hereby required to report to the superintend- 
ent of common schools, the number of teachers in attend- 
ance, the names of the lecturers or instructors who offici- 
ated, the subjects upon which the instruction was given, 
and the degree of popular interest awakened by the pro- 
ceedings.'" 

Superintendent's report to school directors. 

651. At the close of the annual sessions of the said in- 
stitutes, it shall be the duty of the several county, city and 
borough superintendents to make a report, to each board of 
school directors in their respective jurisdictions, setting 
forth the number of days that each teacher shall have at- 
tended and participated in the exercises of the said annual 
teachers' institute, which said report shall be the basis for 
allowing the teachers their time and wages : Provided, 



8. Teachers' Institute, 6 Pa. C. C. 24, 1888. 

9. Act April 9, 1867, Sec. 4, P. L. 51- 

10. Act April 9, 1867, Sec. 5, P. L- 5i- 



TEACHERS' INSTITUTES 319 

That the provisions of this act shall not extend to the first 
school district of Pennsylvania, nor to the counties where- 
in special laws regulating or relating to county institutes 
are in force." 
City and borough teachers' institute. 

652. That it shall be lawful for the board of school di- 
rectors or controllers of any city or borough which has 
elected a superintendent and employs not less than fifty 
teachers, by resolution at any stated meeting and duly re- 
corded, to authorize the holding of a separate annual teach- 
ers' institute for said city or borough, and in all matters 
pertaining to the holding of institutes shall be in no wise 
subject to the authority and jurisdiction of the superin- 
tendent of the schools of the county in which said city or 
borough is located. ^^ 

City or borough superintendent may call a teachers' institute. 

653. When the holding of said separate annual insti- 
tute shall have been so authorized as aforesaid, the super- 
intendent of the schools of said city or borough shall have 
power to call a teachers' institute and to draw from the 
county treasury money for the support of the same in like 
manner and to the same extent as to the county superin- 
tendents of this Commonwealth are now empowered to do.'"* 
Committee on permanent certificates. 

654. The said annual institutes shall have power to 
elect a committee on permanent certificates in and for said 
city or borough as county institutes are now empowered to 
do for their respective counties.''* 

Time for holding city teachers' institute. 

655. City teachers' institute may be held, throughout 
the school year, on any five days, or any ten half days 
which the city superintendent of schools may select for 
this purpose. '5 



11. Act June 7, 1881, Sec. 2, P. L,. 50. 

12. Act June 28, 1895, Sec. 9, P. L,. 415 

13. Act June 28, 1895, Sec. 9, P. L,. 415. 

14. Act June 28, 1895, Sec. P. L,. 415. 

15. Act April 20, 1905, Sec. i, P. I,. 228. 



CHAPTER XXVII. 

TEXT BOOKS AND SCHOOL SUPPLIES 

PAGE 

656. Series of school books, when and how selected 320 

657. Books for blind children 320 

658. Legal requirements to purchase textbooks 321 

659. Meeting of teachers and directors 321 

660. Time of joint meeting , 321 

661. Notice to teachers 322 

662. Notice and meeting of directors 322 

663. Object of teachers meeting with the board 322 

664. Purchase of text books and supplies 323 

665. Use of text books during vacation 323 

666. Change of text books 323 

667. Penalty 323 

668. Change of text books in certain cities 324 

669. Price list of books to be furnished and adopted 324 

670. Awarding of contracts 324 

671. Penalty for violation of act. Act to be accepted 325 

672. Restraining purchase of school books 325 

673. Who cannot act as agents for the sale of school books 326 

674. No pecuniary interest 326 

675. Separate accounts 326 

Series of school books, when and how selected. 

656. Immediately after the annual election of teachers 
in each school district of the state, and before the opening 
of the schools for the ensuing term, there shall be a meet- 
ing of the directors or controllers and teachers of each dis- 
trict ; at which meeting the directors and controllers shall 
select and decide upon a series of school books, in the dif- 
ferent branches to be taught during the ensuing school 
year; which books, and no other, shall be used in the 
schools of the district during said period.' 

Books for blind children. 

657. That the school boards of this Commonwealth 
are hereby authorized and recommended to provide suita- 
ble books and apparatus for the instrtiction of indigent 
blind children between the ages of nine and thirteen years, 
and pay for the same out of the school fund as in the case 
of seeing children, the cost thereof not to exceed twelve 
dollars for each person in any one year.^ 

1. Act May 8, 1854, Sec. 25, P. L. 617. 

2. Act May 8, 1876, Sec. i. P. L. 138. 



TRXT BOOKS AND SCHOOL SUPPLIES 32 1 

Legal requirements to purchase text books. 

658. To make the action of the directors in the selec- 
tion of books effective and legal, there must be a record of 
such action, and the statute plainly declares what the rec- 
ord shall contain — the names of the members voting in the 
affirmative and those voting in the negative — so that it 
shall appear that a majority of the whole number of 
directors voted affirmatively, and who so voted as well 
as those who voted in the negative. This must be 
done before the books are purchased or introduced into 
the schools, and before the commencement of the ensuing 
term, as the act of May 8, 1854, declares that the books 
shall be selected at a meeting of the directors and teachers 
before the opening of the schools of the ensuing term, 
" which books, and no others, shall be used in the schools 
of the district during said period." 

The record of the votes upon the minutes is of sub- 
stance, and, until this appears, the act of the board in the 
adoption of text books is of no validity, and the minutes 
cannot be corrected at a meeting subsequent to the opening 
of the schools.3 
Meeting of teachers. 

659. The joint meeting of directors and teachers is 
mandatory and not merely directory. If no action is taken 
at the joint meeting of directors and teachers, the directors 
cannot subsequently at a regular meeting of the board, 
where no teachers were present or invited to be present, 
adopt a change of text books."^ 

Time of holding joint meeting of teachers and directors. 

660. The act of May 8, 1854, should not be so strictly 
construed that the meeting of the directors and teachers 
must be held without any intervening time after tJie an- 
nual election, though such is a popular meaning, and the 
definition of lexicographers, of the word "immediately." 
What we mean is that a meeting upon due notice, in a rea- 
sonable time after the election of teachers, and before the 



3. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1889. 

4. Barber vs. Newbaker, 19 Pa. C. C. 664, 1897. 



322 COMMON SCHOOL LAW 

commencement of the ensuing term, would be legal. The 
teachers may or may not be present at the annual election, 
and, if- not present, could not attend a meeting immedi- 
ately, of which they had no notice. 

The law directs a meeting of the directors and teach- 
ers, and though the selection and adoption of books to be 
used in the schools is the province of the directors, yet the 
teachers are required to be present, or have such notice 
thereof, that they can attend.^ 
Notice to teachers. 

66i. The statute does not expressly declare that the 
teachers shall be notified of the meeting, but it undoubt- 
edly contemplates notice of some kind, although we do not 
think it need be in writing. Notice by publication in a 
newspaper of general circulation, without proof that it was 
taken by the teachers, would not be sufficient to warrant 
the directors in proceeding to select the text books.^ 
Notice and meeting of directors. 

662. Every member of the school board is entitled to 
know the time of meeting for the contracting of text books. 
If no notice has been given, any contract which the board 
might make will be void. The courts holding that the 
kind and number of the books and the prices to be paid for 
them are matters requiring deliberation, consultation and 
judgment and are for the consideration of the whole board. ^ 
Object of teachers meeting with board. 

663. The duties and powers of the teachers at a meet- 
ing with the directors for the adoption of text books is 
purely advisory, hence, if after consulting and advising with 
them, and receiving their views in writing, the directors 
adjourn until a later hour in the same day before taking a 
final and decisive vote, the irregularity is not fatal, there 
being no evidence of secrecy or fraud. ^ 



5. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1890. 
Maloney vs. Rogers et al., 6 Kulp 289, 1891. 

6. Maloney vs. Rogers, et aL, 6 Kulp 289, 1891. 

7. Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 1901. 

8. Maloney vs. Rogers, et al., 6 Kulp 289, 1891. 



TEXT BOOKS AND SCHOOL SUPPLIES 323 

Purchase of text books and supplies. 

664. School directors or controllers shall purchase text 
books and other necessary school supplies for use in the 
public schools of their respective school districts, out of the 
school fund of the district, and when so procured the neces- 
sary books and school supplies shall be furnished free of 
cost for use in the schools of said district, subject to the 
orders of the directors or controllers thereof, whose duty it 
shall be to provide for the return of and for the safe keep- 
ing and care of the books which shall be returned at the 
close of the annual school term in each year or as the board 
may direct.^ 

Use of text books during vacation. 

665. The board shall allow each child who wishes to 
attend a pay or select school, any time during vacation, be- 
tween regular school terms, the use of the books furnished 
him or her for that purpose : Provided further, That the 
teacher of said school or schools shall possess a valid certifi- 
cate issued by a superintendent of public schools : Pro- 
vided however. That the school directors or controllers 
shall make such regulations for the care and return of said 
books as they may deem necessary, and it shall be their 
duty to see that said books shall be used only when the pay 
school is held in city, borough or district school house.'" 
Change of text books. 

666. The board of directors of any district, thecontrollers 
in cities and boroughs, or any school superintendent, shall 
not order or direct or make any change in the school books 
or series of text books used in any school under his or their 
superintendence, direction or control, more than once in 
every period of three years ; and any laws or parts of laws 
inconsistent herewith be and the same are hereby repealed." 
Penalty. 

667. Any school director, controller or superintendent, 
who shall violate the provisions of this act, shall be deemed 



9. Act June 7, 1897, Sec. i, P. L. 130, an amendment to Sec. i of Act 

June 25, 1885, P. L. 173- 

10. Act June 7, 1897, Sec. i, P. L. 130. 

11. Act May 26, 187 1, Sec, i, P. L. 280, 



324 COMMON SCHOOL LAW 

guilty of a misdemeanor, and upon conviction thereof shall 
be sentenced by the court to pay a fine, not exceeding two 
hundred dollars, and that he be deprived of his office.'^ 
Change of text books restricted in certain cities. 

668. That hereafter the board of directors, controller 
or superintendent of any school district, in cities of the 
second and third class, shall not order or direct, or make 
any change, by resolution or otherwise, in the school books 
or series of text books in use in any public school under 
his or their control, superintendence or direction, more 
than once in every six years ; and all such school books or 
series of text books which shall be adopted or in use in the 
several schools of cities of the second and third class in this 
Commonwealth on the first Monday of October next, shall 
be continued in use by the board of directors or others hav- 
ing control of said schools, for and during the term of six 
years from that date, and thereafter shall not be changed in 
whole or part more than once in every six years. '^ 

Price lists of boolcs to be furnished and adopted. 

669. That before the adoption of any series of text 
books by the central board of education, or board of 
control, or department of education, it shall be the 
duty of the author, publisher or regular constituted agent 
offering any books for adoption, to furnish the price of 
each and every book, which shall be the price so long as 
said book or books remain in use in the school ; and it 
shall be the duty of the central board of education to adopt 
said price list, and require of said author, publisher or agent 
such security as in their judgment is proper for the per- 
formance of their contract.''* 

Awarding of contracts. 

670. It shall be the duty of the several school boards, 
after having advertised for proposals at least twice a week 
for four weeks in two papers having the largest circulation 
in the city or county, to award the contract to the lowest 



12. Act May 26, 1871, Sec. 2, P. L. 280. 

13. Act May 3, 1878, Sec. i, P. L. 44. 

14. Act May 3, 1878, Sec. 2, P. L. 44. 



TEXT BOOKS AND SCHOOL SUPPLIES 325 

and best bidders, and when entering into contract for said 
books they shall specify the style of paper, printing and 
binding ; and the agents or publishers, shall, before accept- 
ance of their bids, furnish samples of the same, which shall 
be of the most durable and serviceable quality for school 
purposes, and bonds shall be given guaranteeing that all 
books furnished shall be equal in paper, print and binding 
to the samples first shown. '5 
Penalty for violation of act. Act to be accepted. 

671. Any school director, controller or superintendent 
who shall violate the provisions of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be sentenced by the court to pay a fine not exceeding five 
hundred dollars and that he or she be deprived of his or her 
office. Provided, That the provisions of this act shall not 
become a law in any school district, unless accepted by a 
majority of the directors elected in such district.'^ All acts 
or parts of acts inconsistent with this act be and the same 
are hereby repealed. 

Restraining purchase of school books. 

672. The directors will be restrained from purchasing 
new books where it is shown that a report of a committee 
on books recommending the adoption of new books was 
" adopted " by the board of controllers by a motion duly 
passed. '7 

And they will be restrained from changing books where 
there has not been an affirmative vote of a majority of the 
board, and the tliree years have not passed since the last 
series of books was adopted.'* 



15. Act May 3, 1878, Sec. 3, P. L. 44- 

16. Act May 3, 1878, Sec. 4, P. L. 44- 

17. Heckman vs. Board of Controllers, 51 P. L. J. 81, 1903, 

18. Shannon vs. School Directors, 10 Kulp 544, 1903. 
Wharton vs. School Directors, 42 Pa. 358, 1862. 
Butts vs. Howley, 5 Kulp 338, 1889. 

Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 1901. 
Roth vs. Marshall, 158 Pa. 272, 1893. 
Krickbaum vs. School Directors, 3 Kulp 30, 1880. 



326 COMMON SCHOOL LAW 

Directors have no power to adopt more than one series 
of text books covering the same studies.'^ 

After a selection of text books lias been made, school 
directors or controllers cannot within three years at a sub- 
sequent meeting reconsider such selection, and make a new 
one of different books. ^° 
Who cannot act as agents for the sale of school books. 

673. It shall not be lawful for the county superintend- 
ents, directors or controllers, or any other person officially 
connected with the common school system, to become 
agents for the sale, or in any way to promote the sale of 
any school books, maps, charts, school apparatus or sta- 
tionary, or to receive compensation for such sale, or pro- 
motion of sale, in any manner whatsoever ; and any viola- 
tion of the provisions of this section shall be deemed a mis- 
demeanor, and punishable with a fine or imprisonment.^' 
No pecuniary interest. 

674. It shall not be lawful for any director, or presi- 
dent of any school board, in this Commonwealth, to be in- 
terested in the furnishing of books, or any other supplies, 
for said school." 

Separate accounts. 

675. The board shall keep an account of all moneys, ex- 
pended under the above section, ^3 and report it under sep- 
arate item in the annual financial accounts as authorized by 
law. ^4 



19. Francis vs. School District, 41 P. L. J. 19, 1893. 

20. Price vs. Scranton School Controllers, i Lack. Bar. 47, if 

21. Act May 8, 1854, Sec. 26, P. L. 617. 

22. Act May 11, 1862, Sec. 17, P. L. 475. 

23. See Supra Sec. 664. 

24. Act June 25, 1885, Sec 2, P. L. 173- 



CHAPTER XXVIII. 

CITY AND BOROUGH SUPERINTENDENTS AND SUPERVISING 

PRINCIPALS. 

PAGE 

676. Cities and boroughs having certain population may elect 

siiperintendent 327 

677. Certificate of election. Commission 328 

678. Dutiesof superintendent 328 

679. Make annual report and attend meetings 329 

680. Supervising principal of schools in townships of over 4,000 in- 

habitants 329 

681. Dutiesof principals 329 

682. City or borough superintendent not subject to authority of 

county superintendent 329 

Cities and boroughs haviag certain population may elect superin- 
tendent. 

676. The school directors of any city, borough, or town- 
ship, in this Commonwealth having a population of over five 
thousand inhabitants, may on the first Tuesday of May, one 
thousand eight hundred and sixty-nine, and every third year 
thereafter, elect, viva voce by a majority of the whole number 
of directors present, one person of literary and scientific ac- 
quirements and skill and experience in the art of teaching, 
as city, borough or towhship superintendent, for the three 
succeeding school years, and the said school directors shall 
determine the amount of compensation for said city or bor- 
ough superintendent, which compensation shall be paid by 
the same officers as pay the salaries of teachers in such 
school district, and in the same manner as such salaries are 
now paid : Provided, that nothing in this act shall prevent 
the directors of any city or borough from electing a super- 
intendent to serve from the time of election until the com- 
mencement of the school year, one thousand eight hundred 
and sixty-nine, from filling a vacancy, should any occur, 
for the unexpired term of said office, nor from increasing 
the salary of a superintendent, at any time : Provided also, 
That the president of the board of directors or controllers of 
any city or borough in this Commonwealth shall, at anytime 
after the passage of this act, if so requested, in writing by 
seven directors or controllers, call a convention, giving at 
least five days' notice thereof, of all the directors of said city 
or borough, to determine whether they will elect a city or 



328 COMMON SCHOOL LAW 

borougli superintendent, in accordance with the provisions 
of this act ; and if, at such meeting, it shall be decided to 
hold such an election, the said directors shall again con- 
vene at the time appointed by this section of this act, or 
any time, in accordance with its provisions, and at a place 
fixed upon by themselves, when they shall proceed to carry 
their determination into effect in the same manner as is 
done by conventions held for the election of county super- 
intendents ; and all subsequent conventions for carrying 
into effect the purposes of this act shall be called in the 
same manner by said president of the board of directors or 
controllers of such city or borough,' 
Certificate of election. Commission. 

677. It shall be the duty of the president and secretary 
of the meeting of the directors, of any city or borough, at 
which a city or borough superintendent has been elected, to 
certify to the superintendent of common schools, the name 
and address of the person elected city or borough superin- 
tendent, in pursuance of the provisions of this act, and those 
of all other candidates who received votes, together with the 
amount of compensation fixed upon by said directors ; 
upon the receipt of such certificate, if no valid objection be 
received within thirty days after the day of election, the 
superintendent of common schools shall commission the 
person so elected for the term for which he was elected ; 
but if objections to issuing such commission be made with- 
in thirty days, the superintendent of common schools shall 
proceed with like power and like manner as he is now requir- 
ed to do where objections are made against issuing com- 
missions to persons claiming to be elected county super- 
intendent.^ 
Duties of superintendents. 

678. It shall be the duty for all city or borough super- 
intendents, to take a similar oath or affirmation to that now 
required of county superintendents, to perform, within the 
limits of their several jurisdictions, all the duties now bylaw 

1. Act April 9, 1867, Sec. 7, P. L. 51, as amended by Act May 7, 1885, 

Sec. I, P. L. 15. 

2. Act April 9, 1867, Sec. 8, P. L. 51. 



CITY AND BOROUGH SUPERINTENDENTS 329 

enjoined upon county superintendents, and to discharge such 
other duties as the by-laws, rules and regulations of the re- 
spective boards of directors may require.^ 
Make annual report and attend meetings. 

679. It shall be their further duty, in addition to an 
annual report, to report montlily to the department of com- 
mon schools, such facts relating to their work and the con- 
dition of the schools under their charge as may be required 
by the superintendent of common schools, and to attend 
meetings of superintendents called by said superintendent 
of common schools. 

Supervising principals of schools in townships of over 4,000 in= 
habitants. 

680. The school directors of any township in this 
Commonwealth having a population of over four thousand 
inhabitants may, at the time of the annual election of teach- 
ers, elect viva voce, by a majority of the whole number of 
directors, one person, holding a permanent certificate or a 
diploma issued by a state normal school of this Common- 
wealth, as supervising principal of public schools of said 
township, or may employ one of the teachers of such town- 
ship, having said qualifications, to perform the duties of 
supervising principal, for a term not exceeding three years, 
at a salary to be fixed by the school board at the time such 
supervising principal shall be elected or employed.^ 
Duties of principal. 

681. Such supervising principal, when elected, shall 
discharge such duties as the county superintendent of pub- 
lic schools and the board of directors by whom he was em- 
ployed may require, and shall be removed from office in the 
same manner and for the same causes as teachers in the 
public schools may be removed.^ 

City or borough superintendent not subject to authority of county 
superintendent. 

682. From and after the appointment of a city or bor- 
ough superintendent in any city or borough in this Com- 



3. Act April 9, 1S67, Sec. 10, P. L,. 51. 

4. Act April 9, 1867, Sec. 10, P. I,. 51. 

5. Act June 25, 1901, Sec. i, P. L. 598. 

6. Act June 25, 1901, Sec. 2, P. L. 598. 



330 COMMON SCHOOL LAW 

monwealtli and the proper notification of the superintend- 
ent of common schools of the fact, such city or borough 
shall not be subject to the authority and jurisdiction of the 
county superintendent of the county in which said city or 
borough is located, except that in the matter of holding the 
annual teachers' institute as provided by sections second,^ 
third, ^ fourth,^ fifth'" of this act, in which the city or bor- 
ough superintendent shall co-operate ; and the quota of the 
annual appropriation to said city or borough shall not be 
diminished by reason of any contribution to the salaries of 
the county superintendents, nor shall the directors of such 
city or borough vote at any election for county superin- 
tendent ; Provided, That it shall be lawful for the board of 
school directors or controllers of any city or borough which 
has elected a superintendent and employs not less than 
fifty teachers, by resolution at any stated meeting and duly 
recorded, to authorize the holding of a separate annual 
teachers' institute for said city or borough, and in all mat- 
ters pertaining to the holding of institutes shall be in no 
wise subject to the authority and jurisdiction of the super- 
intendent of the schools of the county in which said city or 
borough is located ; and when the holding of said separate 
annual institute shall have been so authorized as aforesaid, 
the superintendent of the schools of the said city or bor- 
ough shall have power to call a teachers' institute and to 
draw from the county treasury money for the support oi 
the same in like manner and to the same extent as the 
county superintendents of this Commonwealth are now 
empowered to do ; and the said annual institute shall have 
power to elect a committee on permanent certificates in 
and for said city or borough as county institutes are now 
empowered to do for their respective counties. All acts or 
parts of acts inconsistent herewith be and the same are 
hereby repealed." 

7. See Supra TEACHERS' INSTITUTES, Sec. 641. 

8. See Supra TEACHERS' INSTITUTES, Sees. 642, 643, 644. 

9. See Supra TEACHERS' INSTITUTES, Sec. 649- 

10. See Supra TEACHERS' INSTITUTES, Sec. 650. 

11. Act June 28, 1895, Sec. 9, P. L. 415. The act amends Sec. 9 of the 

Act of May 24, 1887, P. L. 196, which amended Sec. 9 of the Act 
of April 9, 1867, P. L. 53- 



CHAPTER XXIX. 

COUNTY SUPERINTENDENT. 

PAGE 

683. Creation of office 331 

684. Election of county superintendent 332 

685. Majority of whole number present necessary to an election 332 

686. Oath of office 332 

687. Notice of election for county superintendent 333 

688. Duty of president and secretary of convention 333 

689. Contested elections 334 

690. To what objections must be made 334 

691. Salary of county superintendent 334 

692. How paid 335 

693. Vacancies. How filled 335 

694. Qualifications of county superintendent 335 

695. Test of qualification 336 

696. Serving as county, city or borough superintendent not an ab- 

solute test 337 

697. Superintendent of public instruction required to issue a com- 

mission to teachers who hold a professional certificate, when 
elected as county, city or borough superintendent 338 

698. Eligibility of county, city or borough superintendent 339 

699. Branches to be taught 340 

700. Examination of teachers 340 

701. Superintendent required to examine teachers 341 

702. Countersigning teachers' certificate 342 

703. When certificate may be annulled 344 

704. Legal requirements to remove a teacher on " len Days' 

Notice." 344 

705. When certificate will not be granted 346 

706. Power of superintendent under the act 346 

707. County superintendent's report on instruction of physiology 

and hygiene 349 

708. School board must provide competent teachers. When state 

appropriation withheld or forfeited 350 

709. Duties of visiting schools 351 

710. No authority to teach for compensation 351 

711. School directors' expenses paid to triennial convention 351 

712. Misdemeanor for any candidate to pay directors' expenses to 

convention 352 

713. County commissioners to furnish office for county superin- 

tendent 352 

714. Power to remove county superintendent 352 

715. County superintendent removed for neglect of duty and 

incompetency 352 

716. Duty of county superintendent to call together all the directors 

for certain purposes 354 

Creation of office. 

683. The office of county superintendent was created 
by act May 8, 1854. 



332 COMMON SCHOOL LAW 

Election of county superintendent. 

684. The school directors of the several counties of 
the Commonwealth, shall meet in convention at the seat of 
justice of the proper county, on the first Tuesday of May, 
in each third year, and select, viva voce, by a majority of 
the whole number of directors present, one person, of lite- 
rary and scientific acquirements, and of skill and experience 
in the art of teaching, as county superintendent for three 
succeeding school years.' 

Majority of whole number present necessary to an election. 

685. Where the president and secretary of the conven- 
tion certified to J. P. Wickersham, superintendent of com- 
mon schools, inter alia, " that the whole number of direc- 
tors was 112, of whom 56 voted for Geo. Swartz and that 
D. E. Kast received 55 votes, one member refusing to vote 
at all on the last ballot," the superintendent refused to issue 
a commission to Swartz for the reason that the certificate 
was not such as the law required. 

On appeal to the Supreme Court, Justice Sharswood 
said : " The thirty-ninth section of the act expressly pro- 
vides that the selection shall be viva voce by a majority of 
the whole number of directors present." It is urged that 
the director refusing to vote was virtually absent. He 
might perhaps, have withdrawn, but he did not do so. 
He remained, and being present was entitled to be counted. 
It matters not what he supposed to be the effect of his 
action. The legal intendment was that he voted for 
neither or for the minority candidate. It would be dan- 
gerous to fritter away the express provision of the statute 
by construing an actual presence into virtual absence. The 
certificate then was a nullity : it was a felo de se.^ 
Oath of office. 

686. Every person selected or appointed county super- 
intendent of common schools shall, before entering upon 
the duties of his office, take an oath or affirmation, before 
any judge of the court of common pleas of the proper 



Act May 8, 1854, Sec. 39, P. L. 617, as amended by Act May 27, 1866, 

P. L. 88. 
Commonwealth vs. Wickersham, 66 Pa. 134, 1870: 



COUNTY SUPERINTENDENT 333 

county, or before the superintendent of common schools, 
who is hereby authorized to administer the same, that he 
will perform all the duties of county superintendent, dur- 
ing his term of office, honestly, impartially, diligently and 
according to law, to the best of his skill and ability, which 
said oath or affirmation, being subscribed by said county 
superintendent, and attested by said judge or state super- 
intendent, shall be filed in the department of common 
schools.-^ 
Notice of election for county superintendent. 

687. It shall be the duty of the superintendent of com- 
mon schools, by publication at least three successive weeks, 
in two newspapers for each county, if so many there be, 
but if none are published in such county, then by printed 
notices, sent by mail to the secretary of each board of direc- 
tors of each school district in such county, of the time and 
place for holding the triennial convention of directors, who 
shall then and there assemble, and select a presiding officer 
from one of their number, and the directors then present 
shall proceed to the election of a county superintendent in 
the manner hereinafter provided. The notice that shall 
hereafter be given of the assembling of the aforesaid trien- 
nial convention, shall be by the county superintendent, in 
the manner above provided. All expenses of giving notices, 
directed by this section, shall be paid out of the same funds 
as the salary of the county superintendent.'' 

Duty of president and secretary of convention. 

688. It shall be the duty of the president and secretary 
of the triennial convention of directors, to certify to the 
superintendent of common schools, the name and post-office 
address of the person elected county superintendent, in pur- 
suance of the provisions of the act of May 8, 1854, and 
those of all the other candidates who received votes, together 
with the amount of compensation fixed upon by said con- 
vention ; upon the receipt of such certificate, if no valid ob- 
jection be received with thirty days, after the day of the 
election, the superintendent of common schools shall com- 



Act April II, 1862, Sec. 14, P. L. 471. 
Act May 8, 1854, Sec. 43, P. L,. 617. 



234 COMMON SCHOOL LAW 

mission the person so elected, for the term of three years. ^ 
Contested elections. 

689 The act fnrther provides that if objections to 
issuing such a commission be made within thirty days, and 
such objections be signed, among others, by a majority of 
the members of not less than one-fifth of all the school 
boards in the county, from which such objections are re- 
ceived, and certified to, under oath or affirmation, by at 
least three of the signers, the superintendent of common 
schools may require such evidence, under oath or affirma- 
tion, in regard to the legality of the election and the quali- 
fications of the person, elected county superintendent, as 
he shall deem necessar)% and then shall issue the com- 
mission to the person properly qualified, who received the 
greatest number of votes ; and the superintendent of com- 
mon schools, when engaged in the investigations of objec- 
tions, filed against the issuing of commissions to county 
superintendents, shall have power to issue subpoenas, and 
administer oaths, and any person, refusing or neglecting 
to attend and give evidence at such investigation, when 
legally subpoenaed, shall be liable to the same fines and 
penalties, as if he had refused to appear and give evidence 
in a court of record, and the costs to be paid by the party 
subpoenaing the witnesses.^ 
To what objections must be made. 

690. The objections must either relate to the legality 
and validity of the election, or to the qualifications of the 
candidate. Objections grounded on the disqualification of 
the person selected, are i, want of residence ; 2, want of 
moral character ; 3, want of physical ability to discharge 
the duties of the office ; 4, want of learning, and, 5, want 
of professional skill. ^ 

Salary of county superintendents. 

691. The salary of each county superintendent of com- 
mon schools shall be ten dollars for each of the first one 



5. Act April 17, 1865. Sec. 4, P. L. 62. 

6. Act April 17, 1865, Sec. 4, P. L. 62. 

7. School Laws and Decisions, page 248, 1903. 



COUNTY SUPERINTENDENT 335 

hundred schools within his jurisdiction, five dollars for 
each school above one hundred and not over two hundred, 
and two dollars each for each school above two hundred : 
Provided, That the salary of a county superintendent shall 
in no case be less than one thousand dollars per annum, 
nor more than two thousand dollars per annum : And 
provided further, That in all counties having twelve hun- 
dred square miles of territory, or a school term exceeding 
seven and one-half months, the salaries of said superintend- 
ents shall not be less than fifteen hundred dollars : And 
provided further, That a convention of school directors, 
assembled for the purpose of electing a county superintend- 
ent, may vote him a salary greater than the amout he 
would receive by this act, such increase to be in all cases 
taken out of the school fund appropriated for the county 
thus voting.^ 
How paid. 

692. The salary of the county superintendent shall he 
paid by the superintendent of common schools, by his war- 
rant drawn upon the state treasurer, in half-yearly install- 
ments if desired. 9 

Vacancies. How filled. 

693. All the vacancies in the office of county superin- 
tendent shall be filled by the appointment of the superin- 
tendent of common schools, uutil the next triennial con- 
vention of directors ; when any existiug vacancies shall be 
filled by election in the usual manner, for the full term of 
three years. "° 

Qualifications of county superintendent. 

694. No person shall hereafter be eligible to the office 
of county, city or borough supertendent, in any county of 
this Commonwealth, who does not possess a diploma from 
a college, legally empowered to grant literary degrees ; a 
diploma or state certificate, issued, according to law, by the 
authorities of a state normal school ; a professional certifi- 



8. Act May 17, 1901, P. L,. 262. 

9. Act May 8, 1854, Sec. 39, P. L,. 617. 

10. Act May 8, 1854, Sec. 4, P. L,. 617 



336 COMMON SCHOOL LAW 

cate from a county, city or borough superintendent of good 
standing, issued at least one year prior to the election, or a 
certificate of competency from the state superintendent of 
common schools ; nor shall such person be eligible, unless 
he has a sound moral character, and has had successful ex- 
perience in teaching, within three years of the time of his 
election." 
Test of qualification. 

695. The same act further provides, that serving as 
county, city or borough superintendent, shall be deemed a 
sufficient test of qualification ; and the president and secre- 
tary of each convention of school directors, held in any 
county, city or borough, to elect a county, city or borough 
superintendent, when certifying to the superintendent of 
common schools, the nanie and address of the person elected 
county, city or borough superintendent, shall, at the same 
time, state the kind and character of the evidence, upon 
which said convention relied, for proof of the eligibility of 
the person so elected ; and the said superintendent of com- 
mon schools, if, upon the examination of the evidence pre- 
sented, it shall prove to be such as is required by this act, 
and no objection made, in accordance with Section 4 of the 
act, approved x^pril 17, Anno Domini 1865, shall issue a 
commission to the person elected as aforesaid, as now re- 
quired by law ; but if, upon examination of said evidence 
of competency it shall not prove to be such as is required 
by this act, or if objection be made, in accordance with said 
section of the act, approved April 17, Anno Domini 1865, the 
said superintendent of common schools shall appoint two com- 
petent persons, himself being the third, to examine the per- 
son so elected county, city or borough superintendent, and 
if, upon examination, he be found duly qualified for the 
office, the said, superintendent of common schools shall 
issue to him the usual commission ; but if not, the said 
superintendent of common schools shall proceed, in like 
manner, in respect to the person receiving the next highest 
number of votes in the convention of directors, who, if 



II. Act April 9, 1867, Sec. 13, P. L. 51. 



COUNTY SUPERINTENDENT 337 

found qualified, shall receive the commission aforesaid, as 
county, city or borough superintendent ; but if his qualifi- 
cations are also found insufficient, the said superintendent 
of common schools shall appoint, with the advice and con- 
sent of the governor of the Commonwealth, some other per- 
son, with the required qualifications, county, city or bor- 
ough superintendent for the ensuing term of such office.'^ 

Serving as county, city or borough superintendent not an absolute 
test. 

■ 696. In this case A. was duly elected, commissioned 
and served as the county superintendent of schools of Wayne 
county, and borough superintendent of common schools 
for Hyde Park in Lackawanna County ; that being thus 
qualified he was on June 29, 1878, elected city superinten- 
dent of common schools of the city of Scranton, for the 
term of three years. A return of said election was made 
to Wickersham, superintendent of public instruction, whose 
duty it became, within thirty days, to issue a commission 
to A. provided no objections had been received or made. In 
this case objections were filed to the issuing of the commis- 
sion, signed by eight citizens and taxpayers of the city of 
Scranton, alleging that A. did not possess the literary and 
scientific requirements demanded by the common school 
law of the state and that he did not possess a sound moral 
character, such as is contemplated in the act of assembly and 
as is imperatively demanded by public opinion and the high 
officer in question. 

The superintendent of public instruction then pro- 
ceeded under Section 13 of the act of April 9, 1867, P. L. 
51, "to appoint two competent persons, himself the third, 
to examine the person so elected county, city or borough 
superintendent." After an examination the committee re- 
ported that they believed that A. did not possess the liter- 
ary qualifications specified by law, and which are required 
for the successful discharge of the duties of the office to 
which he has been elected. No commission was issued and 
on appeal, the Supreme Court said that it is clear that it is 



12. Act April 9, 1867, Sec. 13, P. L,. 51. 



338 COMMON SCHOOL LAW 

only where no objections are interposed, that serving as 
county, city or borough superintendent of public schools 
shall be deemed a sufficient test of qualification. Such 
service may have shown that the candidate was entirely 
disqualified, '3 

Superintendent of public instruction required to issue a coniniis = 
sion to teachers who hold a professional certificate, when 
elected as county, city or borough superintendent. 

697. In reply to an application by the superintendent 
of public instruction for advice in issuing commissions to 
teachers elected as superintendents, Attorney-General Hen- 
sel said : " I am in receipt of your communication of May 
27, inquiring whether you can legally withhold the com- 
mission from the duly elected superintendent of schools in 
Shenandoah borough, who holds a professional certificate, 
because certain branches taught in the schools of that bor- 
ough are not included among those upon his certificate ; 
and whether the law requires of any superintendent of 
schools qualifications beyond those expressed in a valid 
professional certificate. 

Section 13 of the act of April 9, 1867, provides that 
' No person shall hereafter be eligible to the office of 
county, city or borough superintendent, in any county of 
this Commonwealth, who does not possess a diploma from 
a college legally empowered to grant literary degrees, a 
diploma or state certificate issued according to law by the 
authorities of a state normal school, or professional certifi- 
cate from a county, city or borough superintendent of good 

standing.' ' Nor shall such person be eligible unless 

he has a sound moral character, and has had successful ex- 
perience in teaching within three years of the time of his 
election.' Your communication states that, in the case to 
which it relates, the election was due and legal ; that the 
person elected holds a professional certificate which, I as- 
sume, has been duly issued, and it is to be presumed that 
he has a sound moral character, and has had successful ex- 
perience in teaching within three years of the time of his 
election. These fill the full measure of the legal require- 



13. Commonwealth vs. Wickersham, 90 Pa. 311, 1879. 



COUNTY SUPERINTENDENT 339 

ments. There is no provision of law requiring of any sup- 
erintendent of schools qualifications beyond those expressed 
in a valid professional certificate, nor is there any specifica- 
tion that such certificate must include all the branches 
taught in the schools of the borough, city or county, to 
which he has been elected superintendent. '^ 

Eligibility of county, city or borough superintendent. 

698. The opinion to Hon. Nathan C. Schaeffer, state 
superintendent of public instruction by Deputy Attorney- 
General Fleitz, was as follows : " I have before me your 
letter of recent date, enclosing the certificate of election of 
A. as superintendent of the public schools of the city of 
Johnstown, as well as a petition signed by a number of the 
school directors of said city, protesting against the issuing 
of a commission by you to the said A., and alleging that 
he is ineligible under the law, for the reason that he has 
not taught in the public schools of the state within the 
past three years. It appears, however, from the papers in 
the case, that A. has taught successfully at Lafayette col- 
lege, situated at Easton, and the University of Pennsylva- 
nia, at Philadelphia, during his time. 

In response to your request for an official opinion as 
to whether or not you can legally issue a commission to A. 
as the duly elected superintendent of schools in Johnstown, 
I beg to submit the following : Section 13 of the act of 
April 9, 1867, P. L. 51, provides that ' no person shall here- 
after be eligible to the office of county, city or borough su- 
perintendent in any county of this Commonwealth, who 
does not possess a diploma from a college legally empow- 
ered to grant literary degrees, a diploma or state certificate 
issued according to law by the authorities of a state normal 
school, a professional certificate from a county, city or bor- 
ough superintendent of good standing Nor shall any 

such person be eligible unless he has a sound moral char- 
acter, and has had successful experience in teaching within 
three years of the time of his election.' 



14. Borough School Superintendent, 13 Pa. C. C. 458, 1893. 



340 COMMON SCHOOL LAW 

There is nothing in your communication or the papers 
before me to show that the election of A. was not due and 
legal'in every respect. The certificate of election, signed 
Dy the president and secretary of the board, complies with 
the requirements of the law in every particular, and it is 
to be presumed, in the absence of proof to the contrary, 
that the full measure of the legal requirements has been 
filled. The language of the act above quoted by no means 
bears out the contention that the teaching required during 
the three years prior to election should be done in the pub- 
lic or common schools of the state ; indeed, it would be a man- 
ifest absurdity to insist that a person qualified to teach suc- 
cessfully in the higher institutions of learning should be ex- 
cluded from holding the position of superintendent of pub- 
lic schools, while a teacher in the common schools would 
be eligible. The intent of the act was clearly to provide 
that only persons of experience in teaching should be eli- 
gible to superintend those engaged therein. There is 
nothing whatever in this case which would indicate that, 
even technically, A. is not entitled to his commission. 

I therefore advise and instruct you that upon the facts 
submitted to me, it is your duty to issue the commission." '5 

Branches to be taught. * 

699. It shall be the duty of each county superintend- 
ent to see that in every district there shall be taught or- 
thography, reading, writing, English grammar, geography, 
arithmetic," physiology, hygiene* and a system of humane 
education which shall include kind treatment of birds and 
animals.'' '^ 

Examination of teachers. 

700. It shall be the duty of the county superintendent 
to examine all the candidates for the profession of teacher, 
in the presence of the board of directors or controllers, 
should they desire to be present, to whom they shall first 



15. Superintendent of Public Schools, 14 D. R. 635, 1905. 

16. a. Act May 8, 1854, Sec. 38, P. L. 617. 

b. Act April 2, 1885, P. L. 7. 

c. Act March 27, 1905, P. L. 60. 



COUNTY SUPERINTENDENT 341 

apply in his county, and to give each person fonnd qnali- 
fied a certificate, setting forth the branches of learning he 
or she is capable of teaching ; and snch examination and 
certificate shall be renewed as often as any such teacher 
shall be employed in teaching any branch of learning other 
than those enumerated in his or her certificate, and no 
teacher shall be employed in any school to teach other 
branches than those set forth in the certificate. '^ 
Superintendent required to examine teachers. 

701. The school directors requested A. to teach a cer- 
tain school in their township, whereupon she applied to 
the county superintendent to examine her, and if found 
qualified, to give her a certificate. The request was de- 
clined by the county superintendent for the reason that his 
rules and regulations which were published in the leading 
newspapers, provided that there should be no other exam- 
inations for the year 1900, and no special examinations ex- 
cept in urgent need to fill vacancy which cannot otherwise 
be filled. In reviewing the case, Justice Clark said : " It 
cannot be doubted that the county superintendent is re- 
quired by law to examine all the candidates for the profes- 
sion of teacher (in the presence of the board of school directors 
or controllers should they desire to be present, to whom they 
shall first apply in his county) and to give to each person 
found qualified a certificate, setting forth the branches of 
learning he or she is capable of teaching,'' etc. It is well 
settled that those who accept public office or employment 
are bound to discharge the duties required of them by law, 
or assign such reason for the refusal as shall be deemed suffi- 
cient by the tribunal appointed to decide. It is equally well 
settled that it is only where a discretionary power is given 
to do or omit any particular act that the refusal or omission 
can be justified by a general averment of causes not specified, 
but which are deemed sufhcient by the party refusing to 
act. In regard to the duty of examining the candidates for 
teachers, there was no discretion reposed in the county su- 
perintendent. In this respect the law is imperative and 



17. Act May 8, 1854, Sec. 41, P. L. 617. 



342 COMMON SCHOOL LAW 

nothing can justify a refusal to perform it, except in the 
cases of candidates of known or proved immoral character 
or habits, no matter what their literary or professional 
claims may be. The examination of persons thus disquali- 
fied, and to whom no certificate could issue, would be but 
a waste of time. In the case at bar, no claim has been 
made by the respondent, at least it does not appear in his 
answer, that A., the applicant, is a person of immoral char- 
acter or bad reputation, nor was the refusal of the county 
superintendent to examine her based upon any such charges. 

There is nothing in the school laws of this Common- 
wealth in respect to the time when such examinations shall 
be held, and while I am ready to concede, by implication, the 
authority of county superintendents to establish reasonable, 
proper and necessary rules and regulations in the perform- 
ance of duties required by them by virtue of their employ- 
ment, election or appointment, and such as are not incon- 
sistent with the laws relating thereto, and while such super- 
intendents may determine the dates on which they shall 
hold their examinations by complying with the requi- 
sites of the law, I shall hold that there is no provision 
whatever in the law which will permit a superintendent to 
fix an arbitrary rule or regulation by which applicants may 
be excluded from undergoing an examination at any subse- 
quent date, except in cases of applicants of known or proved 
immoral ha1)its.'^ 
Countersigning teachers' certificate. 

702. A's school directors certified that he had taught 
four annual school terms in the district and that they con- 
sidered him well qualified as a teacher, morally, intellectually 
and professionally, and recommended the State Normal 
School at Shippensburg, Pennsylvania, to grant him a 
teachers' state certificate. 

This endorsement of the school board then established 
the fact that A. had complied with the requirements of the 
Act May 20, 1857, P. L. 581. 



18. Stroup's Petition, 10 D. R. 301, 1901. 



COUNTY SUPERINTENDENT 343 

The county superintendent refused to countersign the 
school board's certificate purely upon his deliberate and con- 
scientious judgment, formed in his official capacity, from 
personal supervision and inspection of A's work as a teacher. 
The superintendent did not specify in what respect A's work 
as a teacher was deficient, or designate any failure to dis- 
charge the duties of a teacher. 

In reviewing the case the court held that the reason 
advanced by the superintendent to countersign the certifi,- 
cate when requested are simply the opinions and conclu- 
sions of the superintendent in regard to the ability and effi- 
ciency of A, as a teacher, without any particularization what- 
ever of facts warranting or forming a basis for such opinions 
and conclusions. The act required to be done in the coun- 
tersigning of the certificate, is a mere ministerial act ; it is 
not an act to be done under the deliberative or discretionary 
powers of the county superintendent. The duties of this 
office, like that of a controller of a city, are partly minis- 
terial and partly discretionary, and while the courts will not 
review his discretion, exercised in a proper case, yet he is 
not above the law, and his discretion is not arbitrary, but 
legal: Com. vs. Phila., 176 Pa. 588 

It is the directors, in whose employ the teacher is, who 
are to certify to his good moral character, experience and 
proficiency in teaching, and the certificate is to be " coun- 
tersigned " by the county superintendent. The directors 
have the requisite knowledge of the facts to be certified, and 
their act is not to be attested by the superintendent to val- 
idate it. 

The word " countersign " used in the act does not mean 
to recommend or endorse, but to attest or authenticate, " to 
authenticate by an additional signature." Anderson's Die. 
of Law, 270. 7 Am. and Eng. Ency. of Law (3 ed.) 897. 

If the act of assembly prescribed that the certificate 
should be given by the county superintendent, then his act 
would be discretionary, and a refusal to sign the certificate 
would not be reviewable by the court. He was not asked 



344 COMMON SCHOOL LAW 

to certify to the facts stated in the certificate, but only to 

countersign the same."' 

When certificate may be annulled. 

703. The county superintendent may annul any cer- 
tificate given by him or his predecessor in office, when he 
shall think proper, giving at least ten days' previous notice 
thereof, in writing, to the teacher holding it, and to the 
directors and controllers of the district in which he or she 
may be emplo^^ed.^" 

Legal requirements to remove a teacher on " Ten Days' Notice." 

704. In this case the plaintiff is a public school teacher 
in the city of Reading, holding a professional certificate is- 
sued to him by defendant as superintendent of the schools 
of said city. On July 6, last, the latter notified plaintiff 
that he proposed to annul said certificate on July 16, the 
power to do which he claims by virtue of the proviso to 
Sec. 41, act May 8th, 1854, P. L. 617. Let it be granted 
for present purposes, that that proviso stands unrepealed by 
act April 9, 1867, Sees. 11 and 12, and applies to certificates 
issued since that enactment. It is clear that any certificate 
granted to a teacher is a " license " (see Sec. 12) to him to 
pursue a certain avocation and to seek a certain public em- 
ployment, which, without it, he cannot pursue or seek. That 
right during the period for which the certificate is granted to 
him, is a valuable property in his hands, just as right to prac- 
tice as an attorney of a court is property in the hands of him 
who has been admitted to it : Ex parte Steinman, 95 Pa. 
220. The annulment of a teacher's certificate is the de- 
struction of his property. No man, in this state, can be 
deprived of his property except by a proceeding judicial in 
its nature, and as such involving as an indispensable requi- 
site an opportunity of being heard : Brown vs. Hummel, 
6 Pa. 86, 91 ; Craig vs. Kline, 65 Pa. 399 ; Palairet's App., 
67 Pa. 479; Philadelphia vs. Scott. 81 Pa. 80. That op- 
portunity the act of May 18, 1854, P. L. 617, Sec. 41, 



19. Donaldson vs. York County School Superintendent, 8 D. R. 185, 

1899. 

20. Act Ma) 8, 1854, Sec. 41, P. h. 617. 



COUNTY SUPERINTENDENT 345 

secures to a teacher in the provision for notice to him pre- 
vious to the annuhnent of his certificate ; for, as was pointed 
out by Mr. Justice Field in Windsor vs. McVeigh, 93 U. S. 
274, the requirement of notice necessarily implies the right to 
appear and be heard. Remembering that the effect of an an- 
niilment of a certificate, in the case of one whose profession 
is that of a public teacher, and who has passed that period of 
life when he can turn his hand to anything, means the de- 
struction of his livelihood, it is surely true that the notice 
and opportunity for hearing prescribed by the statute are 
conditions precedent to the exercise of the power of annul- 
ment given by it. Where, however, a thing to be done is 
a condition precedent to the exercise of a power granted, it 
is essential to the existence of the power, and being of the 
essence thereof, must be strictly observed : Norwegian Str., 
81 Pa. 349 ; Reading vs. Krause's Est., 167 Pa. 23. If it 
is not, the attempt to exercise the power cannot be other- 
wise than ultra vires. Now, whilst a public officer clothed 
with a discretion is not, when proceeding in conformity 
with the statute, liable to be controlled by the courts in the 
exercise of that discretion, Runkle vs. Com., 97 Pa. 328 ; 
Dechert vs. Com., 113 Pa., 229, if he attempts that which 
is ultra vires, the courts will restrain him by injunction : 
Roth vs. Marshal, 158 Pa. 272, 274 ; 2 High Inj. Sec. 1309 ; 
I Spelling, Extraord. Relief, Sec. 609. 

Sec. 4 1 , Act of May 8, 1 854, P. L. 6 1 7, em powers the super- 
intendent to annul the certificate treated of in the preceding 
part of the section, " giving at least ten days' previous notice 
thereof, in writing, to the teacher holding it, etc." The 
unmistakable meaning of this language is, that the teacher 
whose certificate it is intended to annul shall have notice 
of that intention preceding its consummation, and ten days 
from the giving of the notice within which to be heard in 
his defence. The meaning of the law is the law itself : 
Reiser vs. Sav. F. Ass'n., 39 Pa. 137, 144. Where a thing 
is to be done within a certain period from a given date, the 
rule established in this state down to and including Gos- 
wiler's Est. 3 P. & W. 200, was that the day from which 



346 COMMON SCHOOL LAW 

the reckoning begins is excluded from the computation of 
the period allowed. 

The defendant, as superintendent, claiming the power 
to annul plaintiff's certificate under and in accordance with 
the act of 1854, Sec. 41, was bound to notify him of the in- 
tended exercise of that power, and to give him at least ten 
days from the date of such notice to be heard in his defense, 
excluding the day of the notification and including the 
whole of the tenth day thereafter, before the expiration of 
which the intended action could not lawfully be taken ; on 
July 6, defendant notified plaintiff that on July 16 his certifi- 
cate would be annulled ; assuming that such a declaration 
did not negative a willingness to hear any defense that 
might be presented, defendant thus gave plaintiff only nine 
entire days within which to present it, This was not a 
compliance with the requisition of the statute, and as with- 
out compliance therewith there is no power of annulment 
under the same, the attempted exercise of that power by 
defendant in this case must be held to be ultra vires." 
When certificate shall not be granted. 

705. No person shall receive a certificate as a teacher 
from a county, city or borough superintendent who is in 
the habit of using as a beverage any intoxicating drinks." 
Power of county superintendent under the act. 

706. Kell had been a teacher for ten years and appeared 
before Rudy, county superintendent, to be examined for a 
professional certificate. Rudy certified that Kell had passed 
the examination, but refused to certify that Kell was a man 
who was not in the habit of using intoxicants as a bever- 
age or that he was of good moral character. Kell then pe- 
titioned the court to compel the county superintendent to 
issue a certificate to him. The lower court decided that 
Kell was entitled to his certificate. 

An appeal to the Superior Court, President Judge 
Rice, in reversing the lower court, said, in part: "The 
41st Section of the Act of May 8, 1854, P. L. 617, makes it 



21. Scheibner vs. Baer, 174 Pa. 482, 1896. 

22. Act April 9, 1867, Sec. 11, P. L. 5i- 



COUNTY SUPERINTENDENT 347 

the duty of the county superintendent to examine candidates 
for the profession of teachers, and to give each person found 
qualified a certificate setting forth the branches of learning 
he or she is capable of teaching. The same section gives 
him authority to annul any such certificate given by him 
or his predecessor in office, when he shall think proper, 
giving at least ten days' previous notice to the teacher and 
to the directors where he is employed. Section 1 1 of the 
Act of April 9, 1867, P. L. 55, provides that no teacher 
shall receive from a county, city or borough superintendent 
a certificate as a teacher who has not a fair knowledge of 
certain specified branches, and the theory of teaching; 
" nor shall such certificate be given to any person in the 
habit of using as a beverage any intoxicating drinks." The 
officer who, under the law, is to decide whether the appli- 
cant has the educational qualifications specified in the first 
part of the section is the superintendent ; and it is clear 
that there is no appeal from his decision in that matter to 
the judgment of the court or a jury. Being forbidden by 
law to issue a certificate to one who is in the habit of using 
intoxicants as a beverage, it is equally clear that it is within 
his province to see that the policy of the law in this regard 
is carried out. The power to annul a certificate for proper 
cause would, of itself and without more, imply a power to 
refuse a certificate for proper cause. The law is binding 
upon his conscience, and the performance of his duty re- 
quires the exercise of judgment and discretion. To say 
then that his duty to issue the certificate, if he finds that the 
applicant possesses the educational qualifications, is purely 
ministerial, is to deny to him the power which the legis- 
lature has clearly made it his duty to exercise when per- 
sonal knowledge or a due investigation convinces him that 
the applicant is otherwise legally disqualified. It seems 
too plain for argument that the duty of the superintendent 
is not merely ministerial." 

" The learned judge below concedes that, if the applicant 
is a person of known immoral character or a known 
habitual drinker of intoxicants, the county superintendent 
would have a right to refuse him a certificate. Having 



348 COMMON SCHOOL LAW 

power for sufficient reason to refuse a certificate, he must, 
necessarily, have the power — and it is his duty to exercise 
it — to ascertain and determine whether the reasons exist, 
for the power is vested nowhere if it is not vested in him. 
If this be so, the finality of his decision does not depend 
upon its absolute correctness. But, it is argued, the super- 
intendent cannot arbitrarily refuse a certificate upon such 
grounds without giving the applicant a hearing and an op- 
portunity to refute the charge. We assent to this unqual- 
ifiedly ; but, where, and before whom is he entitled to a 
hearing ? Manifestly the superintendent is the officer to 
hear and decide. Certainly no fair minded superintendent 
would refuse a certificate upon mere rumor, or even direct 
information, without giving the applicant a hearing upon a 
matter which so closely affects his reputation and means of 
livelihood. 

"Except in extreme cases the courts have refused to con- 
trol the discretion of those to whom has been committed the 
execution of the common scliool laws of the Common- 
wealth. Com. ex rel. Sherry vs. Jenks, 154 Pa. 368 ; 
Hysong vs. School District, 164 Pa. 629; Roth vs. Mar- 
shall, 158 Pa. 272; Freeman vs. School Directors, t,'] Pa. 385; 
Whitehead vs. School District, 145 Pa. 418 ; Wharton vs. 
School Directors, 42 Pa. 358; School Directors vs. Anderson, 
45 Pa. 388 ; Com. vs. Shaw, 96 Pa. 268, are but a few of the 
many cases. Speaking of the power of a board of directors 
to dismiss a teacher, Mr. Justice Clark said : " The board, 
by the statute, is empowered both to employ teachers, and, 
for any one of these causes, to dismiss them. It would 
greatly impair the government and efficiency of the com- 
mon schools, if the honest judgment and discretion of the 
board, exercised in good faith, could be reviewed and re- 
versed by a jury. Such a policy would place the -practical 
management and control of the schools on very precarious 
and uncertain ground. Every consideration of private 
interest, or of public policy, requires that this quasi judicial 
power of the board should be recognized. The absolute 
impossibility of placing the jury in the position of the 
school board, with the school and its instructor before 



COUNTY SUPERINTENDENT 349 

them, demonstrates the fact that it would be unwise and 
impracticable to do otherwise : " McCrea vs. School Dis- 
trict, 145 Pa. 550. All this might be said, with equal per- 
tinency, with regard to the action of a county superinten- 
dent in refusing a certificate for a legal reason. His duties 
and responsibilities are great. Upon his fearless, impartial 
and conscientious discharge of them must depend, to a very 
large extent, the efficiency of the public schools within his 
district. To enable him to perform them effectively, the 
legislature has conferred upon him powers commensurate 
therewith. In his province, his judgment and conscience 
are as free from outside control, except in the mode or for 
the cause prescribed by the statute, as those of a judge upon 
the bench ; and, while we have not to do with the policy 
or expediency of the law, we may remark, that the dangers 
which are incident to the vesting of such power in the 
hands of one man are not greater than would be the evils 
if every unsuccessful applicant for a certificate might appeal 
from his decision, and have the question to his educational 
or moral qualifications tried by a jury. We ought not to 
allow ourselves to be drawn away from -the well settled 
principles governing the exercise of judicial deliberative 
and discretionary powers by a public officer, by the ap- 
parent hardship of particular cases. We may be sure that, 
if experience had shown that the power committed to 
county superintendents to pass upon the fitness of appli- 
cants for teachers' certificates had been found in practice to 
be too great, the legislature would, before this, have applied 
the proper corrective." ^^ 

County superintendent's report on instruction of physiology and 
hygiene. 

707. It shall be the duty of county, city, borough 
superintendents, and boards of all educational institutions, 
receiving aid from the Commonwealth, to report to the 
superintendent of public instruction any failure or neglect 
on the part of boards of school directors, boards of school 
controllers, boards of education, and boards of all educa- 
tional institutions, receiving aid from the Commonwealth, 

23. Kell vs. Rudy, i Pa. Superior Ct. 507, 1896. 



350 COMMON SCHOOL LAW 

to make proper provision in any and all of the schools or 
districts under their jurisdiction, for instruction in physi- 
ology and hygiene, which, in each division of the subject 
so pursued, gives special reference to the effects of alcoholic 
drinks, stimulants, and narcotics upon the human system, 
as required by this act ; ^'^ and such failure on the part of di- 
rectors, controllers, boards of education, and boards of edu- 
cational institutions, receiving money from the Common- 
wealth, thus reported, or otherwise satisfactorily proven, 
shall be deemed sufficient cause for withholding the war- 
rant for state appropriation of school money to which such 
district or educational institution would otherwise be en- 
titled.^5 

Duty of county superintendent on failure of school board to pro= 
vide competent teachers. When state appropriation with- 
held or forfeited. 

708. In case the board of directors or controllers shall 
fail to provide competent teachers to teach the several 
branches above specified, ^^ it shall be the duty of the county 
superintendent to notify the board of directors or controllers, 
in writing, of their neglect, and in case provision is not 
made forthwith for teaching the branches aforesaid, to re- 
port such facts to the superintendent of common schools, 
whose duty it shall be to withhold any warrant for the 
quota of such district of the annual state appropriation, 
until the county superintendent shall notify him that com- 
petent teachers of the branches aforesaid have been em- 
ployed. And in case of neglect or refusal of the board of 
directors or controllers to employ such competent teachers 
as aforesaid, for one month after such notification by the 
county superintendent that such teachers have not been 
provided, such district shall forfeit absolutely its whole 
quota of the state appropriation for that year. ^^ 



24. See Supra COMMON SCHOOL BRANCHES, Sec. 286, NOTE 3 ; 

Sec. I, Act April 2, 1885, P. L. 7. 

25. Act April 2, 1885, Sec. 2, P. L. 7. 

26. See Supra COMMON SCHOOL BRANCHES, Sec. 286, NOTE 2. 

27. Act May 8, 1854, Sec, 38, P. L. 617. 



COUNTY SUPERINTENDENT 35I 

Duties of county superintendent, visiting schools. 

709. It shall be his duty to visit, as often as practic- 
able, the several school of his county, and to note the course 
and method of instruction and branches taught, and to give 
such directions in the art of teaching and the method thereof 
in each school, as to him, together with the directors or con- 
trollers, shall be deemed expedient and necessary ; so that 
each school shall be equal to the grade for which it was es- 
tablished, and that there may be, as far as practicable, uni- 
formity in the course of studies in schools of its several 
grades respectively.^* 

No authority to teach for compensation. 

710. It shall be unlawful for any person holding the 
office of county superintendent of common schools to en- 
gage in the business or profession of teaching in any of the 
schools of the Commonwealth, unless it be done without 
any other compensation than that paid them as county 
superintendent. ^"^ 

Any violation of the provisions of this act on the part 
of any county superintendent shall be deemed a sufficient 
cause for removal from office by the state superintendent of 
public instruction. 3° 

School directors' expenses paid to triennial convention. 

711. School directors of this Commonwealth who shall 
attend the triennial convention of directors for the purpose 
of electing a county superintendent, as provided by act of 
May eighth, one thousand eight hundred and fifty-four, 
shall receive one dollar each, and, in addition the sum of 
three cents for every mile necessary to be traveled in going 
to and returning from the place where the election shall be 
held, the amount to be paid by the school treasurers of the 
respective districts on the proper vouchers, and the account 
to be audited as other expenses.^' 



28. Act May 8, 1854, Sec. 37, P. L. 617. 

29. Act April 26, 1893, Sec. i, P. L. 24. 

30. Act April 26, 1893, Sec. 2, P. L. 24. 

31. Act March 18, 1S99, Sec. i, P. L,. 11. 



352 COMMON SCHOOL LAW 

Misdemeanor for any candidate to pay director's expenses to con= 
vention. 

712. It shall be deemed a misdemeanor for any candi- 
date for the office of county superintendent to pay or cause 
to be paid, directly or indirectly, any part of the expenses 
of any director who shall attend the triennial convention, 
and on conviction thereof such candidate shall be fined a 
sum not less than fifty nor more than three hundred dollars, 
at the discretion of the court.^^ 

County commissioners to furnish officefor county superintendent. 

713. It shall be the duty of the county commissioners 
of each county in this Commonwealth, and they are hereb)' 
authorized and required to provide, furnish and maintain fit 
and suitable office rooms, at the respective county seats of 
said counties, for the use of the county superintendents of 
schools in all the counties of the Commonwealth ; and the 
said county commissioners shall also provide, furnish and 
maintain safe and suitable storage, in connection with such 
office rooms, for the preservation and safe-keeping of the 
school records, books and documents pertaining to such 
offices, 33 

Power to remove county superintendent. 

714. The superintendent of public instruction has the 
power to remove any county superintendent for the neglect 
of duty, incompetency, or immorality and to appoint an- 
other in his stead until the next triennial convention of 
directors. 34 

County superintendent removed for neglect of duty and incom- 
petency. 

715. A. was duly elected and commissioned as county 
superintendent of common schools for the term of three 
years, from the first Monday of June, 1857 ; he entered 
upon and continued to perform the duties of his office until 
the second day of November, 1858, when he received the 
following notice from the superintendent of public in- 
struction. 



32. Act March i8, 1899, Sec. 2, P. L. 11. 

33. Act June 8, 1891, Sec. i, P. L. 228. 

34. Act May 8, 1854, Sec. 46, P. L. 617. 



county superintendent 353 

Pennsylvania Department of Common Schools, 
Harrisburg, November 2, 1858. 
Sir: 

You are hereby removed from the office of county 
superintendent for "neglect of duty and incompetency." 
You will immediately deliver to your successor B, the 
books of " County Certificates " and " Provisional Certifi- 
cates " in your hands, and the marginal references or " du- 
plicates " of all certificates, of either kind, issued by you 
since the first Monday in June, 1857 ; together with all 
other official records or documents in your possession, or 
under your control, taking his receipt from the same in de- 
tail ; upon the presentation of which at this department 
your arrearages of salary and express charges will be adjusted. 
' Your obedient servant, 

H. C. HICKOK, 
Superintendent Public Instruction. 

A. had not received any previous notice of any charge 
against him, either of incompetency or neglect of duty, nor 
had any been made The superintendent refused to specify 
any fact, mistake or act of commission or omission upon 
which the charge could have been based, or give him a 
hearing. 

The question was raised, whether the power of re- 
moval of county superintendent, vested in the superintend- 
ent of public instruction has been legally exercised in this 
instance. 

In delivering the opinion of the court Justice Reed 
said, in part : " The whole system being the creature of the 
legislature, it was within their powerto have made the county 
superintendents removable at the pleasure of the governor, 
the state superintendent, or any other officer or body that 
the}^ thought proper. Instead of this, a county superin- 
tendent is elected by a convention emanating from the peo- 
ple, for a term of years, and holding it, in fact, upon the 
tenure of good behaviour. If not guilty of neglect of duty, 
incompetency or immorality, he cannot be removed by the 
state superintendent, to whom that power has been intrusted 
by the legislative will. 



354 COMMON SCHOOL LAW 

Where an appointment is during pleasure, or the 
power of removal is entirely discretionary, there the will of 
the appointing or removing power is without control, and 
no reason can be asked for, nor is it necessary that any 
cause should be assigned. 

But that is not the rule when the appointment is either 
dur'ng good behavior for a limited or unlimited period, or 
where the removal can only be for certain specified causes. 
In this case it is acknowledged that there was no charge or 
specification — no notice, no hearing, no evidence produced, 
nor any opportunity given to the county superintendent to 
defend himself All these were necessary before a removal 
could take place, and this appears to have been the con- 
struction originally placed by the state superintendent, upon 
the section of the Act of 1854, vesting the power of re- 
moval for specified causes in him. 

The county superintendent of Schuylkill County 
was, therefore, removed contrary to law ; and as the ap- 
pointment of a successor was consequently void, A. is now 
and always has been, since he was last commissioned by the 
superintendent of public instruction, entitled to the office, 
and to all its rights and emoluments." ^^ 

Duty of county superintendent to call together all the directors for 
certain purposes. 

716. It shall be the duty of each county superintendent 

of schools to call together, during the school year beginning 

June, one thousand nine hundred and five, and annually 

thereafter, at the county seat, or some other suitable place 

in the county, all the school directors of the county, for the 

consideration and discussion of questions pertaining to 

school administration.^^ 



35. Field vs. Commonwealth, 32 Pa. 478, 1859. 

36. Act April 10, 1905, Sec. i, P. L. 139- 



CHAPTER XXX. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

PAGE 

717. State superintendent of common schools to be appointed. 

Creation of office 355 

718. Superintendent of public instruction 355 

719. Title and term of office. Pennsylvania Constitution 356 

720. Vacancies 356 

721. Filling vacancy in office of superintendent of public instruc- 

tion 356 

722. Security. Powers and duties 357 

723. To settle controversies 357 

724. Duty to give information relative to schools laws 357 

725. Superintendent to sign orders for state appropriation 357 

726. Duty to prepare and forward blank forms 358 

727. Annual report to the legislature 358 

728. Duty to provide a seal and appoint clerks 358 

729. Power to remove county superintendents — 358 

730. County commissioners to report the number of taxables 359 

731. Effect of commissioners' neglect of duty 359 

732. Errors 359 

733. Superintedent to employ lecturers and instructors at summer 

assemblies 359 

734. Superintendent authorized to employ stenographer. Salary... 360 

735. Certain documents to be placed in each public school 360 

736. Copies for distribution 360 

State superintendent of common schools to be appointed. Creation 
of office. 

717, That from and after the first Monday in June, 
Anno Domini one thousand eight hundred and fifty-seven, 
the department of common schools shall be detached and 
remain separate from the office of the secretary of the Com- 
monwealth, and a superintendent of common schools shall 
be appointed by the governor every third year, by and with 
the advice and consent of the senate, and shall hold his 
office from the first Monday of June, for and during the 
term of three years, if he shall so long behave himself well, 
and he shall be liable to be removed from office by the gov- 
ernor for misbehavior or misconduct at any time during 
his term.' 

Superintendent of public instruction. 

718. The superintendent of public instruction shall 
exercise all the powers and perform all the duties of the 



I. Act April 18, 1857, Sec. i, P. L,. 263. 



356 COMMON SCHOOL LAW 

superintendent of common schools, subject to such changes 

as shall be made by law.^ 

Title and term of office. Pennsylvania Constitution. 

719. Section 8 of Article IV. Constitution of 1874, 
changes the title " superintendent of public schools " to 
"superintendent of public instruction," and makes his term 
of office four years. 

The superintendent of public instruction is appointed 
by the governor, with the advice and consent of two-thirds 
of all the members of the senate, for the term of four years. 
Vacancies. 

720. Any vacancy that may occur in said office of 
superintendent shall be supplied by a new appointment for 
the unexpired term of the former incumbent : 

Provided, That in the event of any such removal, the 
governor shall at the time communicate his reasons there- 
for in writing, to the superintendent thus displaced, and also 
to the senate, if in session, and if not, within ten days after 
their next meeting.^ 
Pilling vacancy in the office of superintendent of public instruction. 

721. A vacancy having occurred in the office of super- 
intendent of public instruction, by the death of the incum- 
bent during the recess of the senate, the governor appointed 
the defendant to said office, and commissioned him to hold 
it until the end of the next session of the senate, if he 
should so long behave himself well. 

At said session, on January 6, 1891, the governor nom- 
inated the defendant to the senate for a term of four years, 
to be computed from March i, 1890, the date at which he 
took possession of the office. The senate confirmed the ap- 
pointment on January 20, 1891. In the meantime the gov- 
ernor's successor had been inaugurated : 

Under Section 8, Article IV. of the constitution, the 
confirmation by the senate extended the defendant's original 
appointment, and entitled him to hold the office for the un- 
expired portion of the vacancy, although the succeeding 



2. Article IV. Sec. 20, Pennsylvania Constitution of 1874. 

3. Act April 18. 1857, Sec. i, P. L. 263. 



I 



SUPERINTENDENT OF PUBLIC INSTRUCTION 357 

governor refused to commission him therefor, and after the 
senate's adjournment, commissioned another person/ 
Security. Powers and duties. 

722. The superintendent of common schools, and his 
successors in office, appointed under this act, shall furnish 
the same security, exercise the same functions and be 
charged with the same duties and responsibilities that are 
now by law required of and devolved upon the superin- 
dent of common schools.^ 

To settle controversies. 

723. The superintendent of public instruction shall 
decide without appeal^ and without cost to the parties, all 
controversies or disputes that may arise or exist among the 
directors or controllers of any district, between directors or 
controllers of adjoining districts, or between collectors or 
treasurers, and directors or controllers, concerning the duties 
of their respective offices ; the facts of which controversies 
or disputes shall be made known to him by written state- 
ments, by the parties thereto, acting in their official capac- 
ities, verified by oath or affirmation if required, and accom- 
panied by certified copies of all necessary minutes, con- 
tracts, orders or other documents.^ 

Duty to give information relative to school laws. 

724. He shall, whenever required, give advice, expla- 
nation, construction, or information to the district officers, 
and to citizens, relative to the common school law, the 
duties of common school officers, the rights and duties of 
parents, guardians, pupils and all others, the management 
of the schools, and all other questions and matters calcu- 
lated to promote the cause of education ^ 
Superintendent to sign orders for state appropriation. 

725. He shall sign all orders on the state treasurer for 
the payment of such moneys to the treasurers of the several 



4. Commonwealth vs. D.J. Waller, Jr., 145 Pa. 235, 1892. 

5. Act April 18, 1857, Sec. 3, P. L. 263. 

6. The superintendent of common schools has no authority to decide a 

question of a contested election. Mershon vs. Baidridge, 7 Watts 
500, 1838. 

7. Act May 8, 1854, Sec. 46, P. L. 617. 

8. Act May 8, 1854, Sec. 46, P. L. 617. 



358 COMMON SCHOOL LAW 

school districts as they may be entitled to receive from the 
state, and for all other moneys to be paid out of the appro- 
priation to common schools made by this act.^ 
Duty to prepare and forward blank forms. 

726. He shall prepare blank forms for the annual distict 
reports, with suitable instructions and forms for conducting 
the various proceedings and details of the system in a uniform 
and efficient manner and forward the same to the county 
superintendents, who shall distribute them to and among 
the proper district officers of their respective counties. '° 
Annual report to the legislature. 

727. He shall prepare and submit to the legislature, 
an annual report, containing a full account of the condition 
of the common schools in the state, the expenditure of the 
system during the year, estimates of the sums requisite for 
the ensuing year, the whole number of pupils, the cost of 
teaching each, the number of districts, plans for the improve- 
ment of the system, and all such matters relating, to the 
concerns of common schools, and to the duties of his office, 
as he may deem it expedient to communicate." 

Duty to provide a seal and appoint clerks. 

728. He shall provide a seal, with suitable device, for 
the use of the Department of Common Schools, by which 
copies of papers deposited or filed therein, and all official 
acts and decisions, may be authenticated under said seal ; 
and when so authenticated, shall be evidence equally and 
in like manner as the originals ; he may also designate 
and appoint one of the clerks employed by him to be his 
general deputy, who may perform all his duties of superin- 
tendent of common schools in case of his absence or a va- 
cancy in his office.'^ 

Power to remove county superintendents. 

729. He shall have the power of removing any county 
superintendent for neglect of duty, incompetency, or im- 



9. Act May 8, 1854, Sec. 46, P. L. 617. 

10. Act May 8, 1854, Sec. 46, P. L. 617. 

11. Act May 8, 1854, Sec. 46, P. L. 617. 

12. Act May 8, 1854, Sec. 46, P. L. 617. 



SUPERINTENDENT OF PUBLIC INSTRUCTION 359 

morality, and to appoint another in his stead until the next 

triennial convention of directors. '^ 

County commissioners to report the number of taxables. 

730. It shall be the duty of the commissioners of each 
county to ascertain triennially, with the assistance of the 
respective assessors, the exact number of taxable citizens 
residing in each school district in their several counties, and 
to certify the same, under their hands and seals of office, to 
to the superintendent of common schools, who is hereby 
directed to adopt the number of taxables thus certified to 
him, as the basis of distribution of the state appropriation, 
which said certificates shall be prepared and transmitted, on 
or before the first Monday of June, in every third year, com- 
mencing with the first Monday of June, Anno Domini one 
thousand eight hundred and sixty-five. '"^ 

Effect of commissioners' neglect of duty. 

731. If the commissioners of any county shall neglect 
to forward such certificates on or before said day, the super- 
intendent may in such case adopt the number of taxables 
set forth in the next preceding certificate or return. '-^ 
Errors. 

732. If any error in the certificate of taxables shall 
occur, whereby a district shall receive more or less of the 
state appropriation than is justly due said district, the 
county commissioners shall have authority, and they are 
hereby required, immediately to forward to the superin- 
tendent a correct list of taxables, and the .superintendent 
shall thereupon make it the basis of the appropriation due 
said district.'^ 

Superintendent to employ lecturers and instructors at summer 
assemblies. 

733. The superintendent of public instruction be, and 
is hereby authorized to employ or aid in the employment of 
competent lecturers or instructors, to attend and lecture, or 
teach, at summer assemblies held by associations, of this 



13. Act May 8, 1854, Sec. 46, P. 1. 628. 

14. Act April 17, 1865, Sec. I, P. L,. 61. 

15. Act May 8, 1854, Sec. 47, P. L. 617. 

16. Act May 8, 1854, Sec. 48, P. L. 617. 



v5 



60 COMMON SCHOOL LAW 



Commonwealth, incorporated for the purpose of promoting 
education and popular culture, aiid by the Pennsylvania 
Educational Association ; and, for this purpose, is hereby 
authorized to pay, for such employment or in aid of such 
employment by said corporation and association, such sums 
as may be specifically appropriated for that purpose by the 
legislature, from time to time, in the general appropriation 
bill, for such attendance of said lecturers or instructors at 
the assembly or assemblies of such association, which pay- 
ment shall be made by the state treasurer, out of any money 
not otherwise appropriated, either directly to the lecturers 
or instructors, so employed by the said superintendent, or 
to the associations employing the same with the approval of 
the said superintendent, upon warrant of said superintend- 
ent, countersigned by the auditor general. '^ 
Superintendent authorized to employ stenographer. Salary. 

734. On and after the j)assage of this act the superin- 
tendent of public instruction be and is hereby authorized to 
employ one person, who shall be a skilled stenographer and 
typewriter, in the department of public instruction at a sal- 
ary of ten hundred dollars per annum. '^ 

Certain public documents to be placed in each public school. 

735. On the passage of this act, and thereafter follow- 
ing each decennial census, the superintendent of public in- 
struction shall cause to be placed in each public school of 
this Commonwealth above the primary grade, one copy of 
Smull's Legislative Hand-book, and bi-ennially one copy of 
the School Laws and Decisions, for the use of said public 
schools. '9 

Copies for distribution. 

736. Be it further enacted, that on the passage of this 
act, and for the purposes named herein, the superintendent 
of public instruction shall be allowed a sujEhcient number of 
Smuirs Legislative Hand-books and School Laws and De- 
cisions for the purpose of carrying into effect the provisions 
of this act.'° 



17. Act April 25, 1903, Sec. i, P. L. 315. 

18. Act June 26, 1895, Sec. i, P. L. 324. 

19. Act April 29, 1897, Sec. i, P. L. 34. 

20. Act April 29, 1897, Sec. 2, P. L. 34. 



CHAPTER XXXI. 

STATE APPROPRIATION, 

PAGE 

737. One-third on number of paid teachers 361 

738. One-third on number of children of school age 361 

739. One-third on number of taxables 362 

740. Certify to superintendents 362 

741. Duty of assessors 362 

742. Blanks prepared 363 

743. Enumeration and enrollment 363 

744. Assessors 363 

745. Blanks 363 

746. Repeal 364 

747. Basisof distribution by taxables 364 

748. Failure to forward certificate 364 

749. Errors, how corrected 364 

750. When new district is formed, number of taxables therein and 

in the old districts, to be certified 365 

751. Non-accepting districts which have put schools in operation 

to be entitled to back appropriations 365 

752. Additional state appropriation 365 

753. State appropriations to districts formed after triennial assess- 

ment 366 

754. Basisof distribution 366 

755. When warrant shall issue for state appropriation 366 

756. Appropriation to township high schools 367 

One-third on number of paid teachers. 

737. One-third of the money annually appropriated for 
common schools in this Commonwealth shall be distributed 
on the basis of the number of paid teachers regularly em- 
ployed for the full annual term of the district, not including 
substitute teachers or teachers employed to fill vacancies 
which may occur during the school year for which the ap- 
propriation was made ; the certificates of the number of 
teachers regularly employed to be made as hereinafter pro- 
vided.' 

One-third on number of children of school age. 

738. One-third of the appropriation shall be distributed 
on the basis of the number of children of school age be- 
tween the years of six and sixteen residing in the respective 
districts, the enumeration and certificates to be made as 
hereinafter provided.^ 

1. Act July 15, 1897, Sec. i, P. L,. 271, 

2. Act July 15, 1897, Sec. 2, P. I,. 271. 



362 COMMON SCHOOL LAW 

One-third on the number of taxabies. 

739. The remaining- one-third of the appropriation 
shall be distributed on the basis of the number of taxabies 
as returned by the last biennial assessment.^ 

Certify to superintendents. 

740. On the first Monday of December, one thousand 
eight hundred and ninety-seven, and biennially thereafter, 
the president and secretary of each school board shall, under 
oath, certify to the county, city or borough superintendents 
of their respective counties, cities or boroughs, the number 
of teachers in their employ as contemplated in this act ; and 
on the first Monday of January, one thousand eight hun- 
dred and ninety-eight, and biennially thereafter, the said 
county, city or borough superintendent shall, under oath, 
make return to tlie superintendent of public instruction on 
such blank as he shall prepare, a tabulated return by dis- 
tricts of the teachers of his county, city or borough, and 
any president or secretary of a school board or superin- 
tendent of a county, city or borough, who neglects or re- 
fuses to perform his duty within ten days of the time desig- 
nated, shall be subject to a fine of not less than twenty-five 
nor more than one hundred dollars. "^ 

Duty of assessors. 

741. It shall be the duty of the assessors of the several 
townships, wards and boroughs in the counties and cities of 
this Commonwealth, and of the assessors of voters in any 
of said wards in cities of the first class, where the assessors 
of real estate are not assessors of voters, to make an enroll- 
ment, at the time of the making of their respective assess- 
ments, but not more than once in any year, of the total 
number of children of school age, between the ages of six 
and sixteen years, in addition to the duties required of them 
under existing laws, and for the same compensation per 
diem now allowed by law.^ 

3. Act July 15, 1897, Sec. 3, P. L. 271. 

4. Act July 15, 1897, Sec. 4, P. L. 271. 

5. Act April 19, 1899, P- L. 64, amending Act July 15, 1897, Sec. 5, 

P. L. 271. 
Note. — The enrollment is distinct from that required to be made by 
the compulsory education acts ; supra COMPULSORY ATTENDANCE, 
Sec. 541 ; and the two need not be made at the same time. Construction 
of Act July 15, 1897, 8 D. R. 630, 1899. 



STATE APPROPRIATION 363 

Blanks to be prepared by the superintendent of public instruction. 

742. The blanks required for this eniiineration and en- 
rolhnent shall be prepared according to the form prepared 
by and under the direction of the superintendent of public 
instruction, who shall cause the same to be forwarded to 
the county commissioners of the several counties for distri- 
bution to the assessors at the expense of the state.^ 
Enumeration and enrollment. 

743. The enumeration and enrollment herein provided 
for shall be made by the assessors at the same time they are 
required by law to make their regular assessments for county 
taxes, one thousand eight hundred and ninety-seven, and at 
the same time, and biennially thereafter, the official returns 
to be made to the county commissioners shall be filed by 
them in the office of the county commissioners, duly veri- 
fied by oath or affirmation, on or before the fourth Saturday 
of December, one thousand eight hundred and ninety-seven, 
and biennially thereafter. The county commissioners to 
return a summary of the same to the superintendent of pub- 
lic instruction on or before the last Saturday of January, 
next following'' 

Assessors. 

744. Any assessor who shall refuse or neglect to make 
the enumeration, enrollment and official returns required 
by this act, shall pay a fine of not less than twenty-five or 
more than one hundred dollars, and shall be liable to re- 
moval from office upon complaint to the court of common 
pleas of the proper county, which complaint it shall be the 
duty of the county commissioners to make in the case of 
neglect or refusal of any assessor to comply with the pro- 
visions of this act.^ 

Blanks. 

745. The blanks for the use of the county commission- 
ers in the preparation of their biennial report to the depart- 



6. Act April 19, 1899, P. L,. 64, amending Act July 15, 1S97, Sec. 5, P. 

Iv. 271. 

7. Act July 15, 1897, Sec. 6, P. L,. 271. 

8. Act July 15, 1S97, Sec. 7, P. L,. 271. 



364 COMMON SCHOOL LAW 

ment of public instruction, containing a summary of the re- 
turns made to them by the assessors of their respective dis- 
tricts, shall be prepared by the superintendent and forwarded 
to the county commissioners of the several counties for the 
required purpose. ^ 
Repeal. 

746. All acts or parts of acts inconsistent herewith are 
hereby repealed. '° 

Basis of distribution by taxables. 

747. It shall be the duty of the commissioners of each 
county to ascertain triennially, with the assistance of the 
respective assessors, the exact number of taxable citizens 
residing in each school district, in their several counties, 
and to certify the same, under their hands and seals of of- 
fice, to the superiutendent of common schools, who is 
hereby directed to adopt the number of taxables thus certi- 
fied to him, as to the basis of distribution of the state ap- 
propriation ; which said certificate shall be prepared and 
transmitted, on or before the first Monday of June, in every 
third year, commencing with the first Monday of June, 
Anno Domini 1865." 

Failure to forward certificate. 

748. x\nd if the commissioners of any county shall 
neglect to forward such certificates on or before said day, 
the superintendent may, in such case, adopt the number of 
taxables set forth in the next preceding certificate or 
return.'^ 

Errors, how corrected. 

749. If any error in the certificate of taxables shall 
occur, whereby a district shall receive more or less of the 
state appropriation than is justly due said district, the 
county commissioners shall have authority, and they are 
hereby required, immediately to forward to the superin- 
tendent a correct list of taxables, and the superintendent 



9. Act July 15, 1897, Sec. 8, P. L. 271. 

10. Act July 15, 1897, Sec. 9, P. L. 271. 

11. Act April 17, 1865, Sec. i, P. L. 61. 

12. Act of May 8, 1854, Sec. 47, P. L 6i7. 



STATE APPROPRIATION 365 

shall thereupon make it the basis of the appropriation due 
said district. '3 

When new district is formed, number of taxables therein and in 
the old districts, to be certified. 

750. Whenever any new district shall be formed in any 
county of this Commonwealth, it shall be the duty of the 
commissioners thereof to certify to the superintendent of 
common schools, before the commencement of the next 
succeeding school year, the number of taxable inhabitants 
therein, and also the number in the district or districts from 
which it was taken, separately, according to the last pre- 
ceding triennial enumeration of taxables made for school 
purposes, so that the whole number in such new district, 
and in that or those out of which it was taken, being added 
together, shall be neither greater nor less than the number 
that was therein before the change was made, and accord- 
ing to the last triennial certificate or return of taxables 
thereof made by said commissioners.'"^ 

Non-accepting districts which have put schools in operation to be 
entitled to back appropriations. 

751. All school districts in this Commonwealth, pre- 
viously non-accepting, which have put in operation a sys- 
tem of common schools, according to law, at any time since 
the year i860, are hereby declared entitled to the same state 
appropriations for school purposes which they would have 
received had they complied with the law in reference to 
common schools, during and since that year ; and the super- 
intendent of common schools is authorized and required to 
pay out of the appropriation to common schools for the 
year 1869, by warrants upon the state treasury, all sums 
found to be due to such districts by the provisions of this 
act's 

Additional state appropriation. 

752. Whenever the commissioners of any county of 
this Commonwealth shall certify, under their hands and 



13. Act May 8, 1854, Sec. 48, P. L,. 617. 

14. Act May 8, 1854, Sec. 49, P. L. 617. 

15. Act April 9, 1868, Sec. i, P. I,. 76. 



366 COMMON SCHOOL LAW 

seals of office, to the superintendent of public instruction, 
that more taxable citizens actually resided in any school dis- 
trict of their respective counties, at the time of the last tri- 
ennial enumeration of taxables, than were then certified and 
returned by them, in compliance with the act of April 17, 
1865, Sec. I, P. L. 61 {supra Sec. 747), the superintendent 
of public instruction shall draw his warrant upon the state 
treasurer for whatever additional state appropriation such 
district or districts may be entitled, under the distribution 
made for the year or years for which such incomplete 
enumeration was returned : Provided, That under this act, 
no district shall be entitled to additional appropriation, for 
any year preceding 1870, and hereafter, for no year prior 
to the year in which the next preceding triennial enumera- 
tion of taxables was made,'^ 
State appropriations to districts formed after triennial assessment. 

753. The superintendent of public instruction be and 
he is hereby authorized to draw his warrant for the pay- 
ment of the amount or portion of the state appropriation to 
common schools equitably due school districts formed after 
any triennial assessment, by reason of rapid growth of pop- 
ulation, and which under the present law can get no por- 
tion of the state appropriation until after the next succeed- 
ing triennial return of resident taxables.'^ 

Basis of distribution. 

754. The basis of distribution in such cases, shall be 
the number of resident taxables as shown by the next pre- 
ceding annual assessment and return by the county com- 
missioners to the department of public instruction.'^ 
When warrant shall issue for state appropriation. 

755. As soon as the schools of any district shall have 
been kept open and in operation at least four months"^ sub- 
sequent to the first Monday in Jiine preceding, the presi- 
dent of the board of directors or controllers, shall certify the 
same under oath or affirmation together with the name of 

16. Act April 12, 1878, Sec. i, P. L. 13. 

17. Act May 23, 1891, Sec. i, P. L. ii4- 

18. Act May 23, 1891, Sec. 2, P. L. ii4- 

19. See Supra SCHOOL TERM, Sec. 525. 



STATE APPROPRIATION ^367 

the district treasurer, and his post-office address, to the 
county superintendent, who shall immediately forward the 
same to the superintendent of common schools, who, upon 
the receipt of the same shall draw his warrant on the state 
treasurer for the whole amount such district is entitled to 
receive from the annual state appropriation : Provided, 
That said board of directors or controllers shall have made 
report of condition of the schools in their districts, as di- 
rected by the 23d section of this act : ^" And provided also, 
That the foregoing certificate shall have been transmitted 
to the superintendent of common schools within the school 
year for which the warrant is to be issued.^' 
Appropriation to township high schools. 

756. Out of the said amount, hereby appropriated, 
there shall be set apart the sum of two hundred thousand 
dollars, to be expended on the warrants of the superintend- 
ent of public instruction, for the encouragement and sup- 
port of the township high schools: Provided, That partici- 
pation in the amount hereby appropriated for the encour- 
agement and support of township high schools shall not 
be made dependent upon the teaching of any dead or for- 
eign language. ^^ 



20. Supra Director's annual report to county superintendent, Sec. 204, 

205. 

21. Act May 8, 1854, Sec. 36, P. L. 617. 

22. Act May 11, 1905, Sec. 8, P. L. 596. 



CHAPTER XXXII. 

COMMON SCHOOL EDUCATION IN CITIES OF THE FIRST CLASS. 

PAGE 

757. Board of public education. Appointment and term 368 

758. Vacancies. Eligibility 369 

759. Oath of office 369 

760. Organization 369 

761. Duties of board of education 369 

762. School boards. Election. Term 369 

763. Proviso 370 

764. Eligibility. Oath 370 

765. Vacancies 370 

766. Duties and powers of school boards 370 

767. Report. Organization 371 

768. Secretaries 371 

769. Agents 371 

770. Superintendent of schools and district superintendent 371 

771. Qualifications of applicants 372 

772. License or certificate 372 

773. Eligible lists. Appointment 372 

774. Proviso 373 

775. Teachers' retirement fund 373 

776. Superintendent of buildings 373 

777. Deputies 374 

778. Janitors 374 

779. Superintendent of supplies. Assistants 374 

,780. Appropriation for school purposes. Expenditures ... 374 

781. The board to be a corporation. Titles 375 

782. Powers, rights, etc 375 

783. Cities nia}' establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 376 

784. Public health 376 

785. Rules and regulations 376 

786. Publicity 377 

787. Election of teachers 377 

Board of public education. Appointment and term. 

757. The control of all the schools supported by any 
school district of the first class shall be vested in a board of 
public education, to consist of twenty-one (21) members, 
who shall be appointed by the judges of the courts of com- 
mon pleas of the county in which the said school district of 
the first class shall be situated, for terms of three (3) years 
each, except that the original appointments under this act 
shall be as follows : seven for one year, seven for two years, 
and seven for three years, and members shall be eligible for 



CITIES OF THE FIRST CLASS 369 

reappointment. The members shall serve without com- 
pensation.' 
Vacancies. Eligibility. 

758. Vacancies for unexpired terms, caused by death, 
resignation or otherwise shall be filled by the said judges of 
the courts of common pleas. No person shall be eligible to 
appointment to the board of public education who shall be 
less than thirty (30) years of age, and who shall not have re- 
sided in the school district at least one year immediately 
preceding the appointment.^ 

Oath of office. 

759. The members of said board of public education, 
before proceeding to discharge the duties of their office, shall 
take the oath of office required of school officials under the 
laws of this Commonwealth.^ 

Organization. 

760. The board of public education herein provided 
shall meet for organization upon the first Monday in Jan- 
uary next succeeding the passage of this act. They shall 
organize by selecting their own officers, and shall hold 
stated meetings at least once a month during the school 
year, and such additional meetings as they may from time 
to time provide for.'' 

Duties of board of education. 

761. The duties of the board shall be to determine 
questions of general policy, appoint the executive officers 
hereinafter prescribed, define their duties, direct expendi- 
tures, appoint teachers and in general to legislate upon all 
matters concerning the conduct of the schools. ^ 

Sectional school boards. Election. Term. 

762. Sectional school boards in and for each ward of 
the city (constituting said school district of cities of the first 
class), consisting of twelve members each, shall be chosen 



Act April 22, 1905, Sec. i, P. L. 267. 
Act April 22, 1905, Sec. i, P. L,. 267. 
Act April 22, 1905, Sec. i, P. Iv. 267. 
Act April 22, 1905, Sec. i, P. L,. 267. 
Act April 22, 1905, Sec. i, P. L. 267. 



370 COMMON SCHOOL LAW 

by the qualified electors in each ward of the city, at the 
next annual municipal election succeeding the passage of 
this act, four for one year, four for two years, and four for 
three years ; and thereafter, at each annual election, four for 
three years.^ 
Proviso. 

763. No elector shall vote for more than three candi- 
dates for membership in any sectional school board, except 
at the next annual municipal election succeeding the pas- 
sage of this act, when an elector may vote for not more than 
nine ; three for a term of one year, three for a term of two 
years, and three for a term of three years : And provided 
further. That when vacancies occur the electors may vote 
for candidates to fill unexpired terms. '^ 

Eligibility. Oath. Compensation. 

764. The members of sectional school boards shall be 
residents of the ward from which they are chosen. They 
shall, before entering upon the duties of their office, take 
the oatli of office required of school officials under the laws 
of this Commonwealth. 

They shall serve without compensation.*^ 
Vacancies. 

765. Vacancies caused by death, resignation or other- 
wise, shall be filled by a majority of the surviving directors, 
until the next ensuing annual municipal election, when the 
electors shall fill such vacancy or vacancies for the unex- 
pired term or terms.^ 

Duties and powers of school boards. 

766. The duties and powers of the sectional school 
boards shall be the following : In their respective wards or 
districts they shall visit, at least once in every quarter, all 
the schools therein, and inspect the same. They shall with- 
out delay call the attention of the board of public education, 
or of the appropriate executive officer of the board, to every 
matter requiring official action.'" 

6. Act April 22 1905, Sec. 2, P. L. 267. 

7. Act April 22, 1905, Sec. 2, P. L. 267. 

8. Act April 22, 1905, Sec. 2, P. L. 267. 

9. Act April 22, 1905, Sec. 2, P. L. 267. 
10. Act April 22, 1905, Sec. 2, P. L. 267. 



CITIES OF THE FIRST CLASS 37 1 

Report. Organization. 

767. They shall also make an annual report in writing 
to the board of public education, in respect to the condition 
of the schools and the wants of the section, especially in re- 
gard to the number, equipment and efficiency of schools and 
school buildings. They shall organize on the second Mon- 
day immediately succeeding their election, at such place as 
shall be designated by the board of education, by choosing 
a chairman and such other officer as they may agree upon, 
including a secretary." 

Secretaries. 

768. The .secretary of each sectional school board shall 
receive annually such salary, not to exceed one hundred 
($100.00) dollars, as shall be determined by the board of pub- 
lic education." 

Agents. 

769. The executive work of the board of public educa- 
tion shall be committed to three expert agents, who shall 
be appointed by said board and shall be subject to removal 
at the pleasure of the board. Said agents shall be a super- 
intendent of schools, a superintendent of buildings, and a 
superintendent of supplies. Said agents shall be paid such 
compensation as shall be determined by the board of public 
education. They shall be responsible to the board for the 
conduct of their respective departments ; shall make annual 
reports to the board, and shall, from time to time, submit 
such plans and suggestions for the improvement of the 
schools and the school system as the board of public educa- 
tion may require, or as they shall deem expedient. '^ 
Superintendent of schools and district superintendents. 

770. Supervision of all matters pertaining to instruc- 
tion, in all the schools under the board of public education, 
shall be vested inasuperintendentof schools and such num- 
ber of associate superintendents as may be deemed neces- 
sary. The superintendent shall have a seat in the board, 



11. Act April 22, 1905, Sec. 2, P. L. 267 

12. Act April 22, 1905, Sec. 2, P. L,. 267 

13. Act April 22, 1905, Sec. 2, P. L. 267. 



372 COMMON SCHOOL LAW 

and the right to speak on all matters before the board, but 
not to vote. District superintendents may be appointed by 
the board of public education, on the nomination of the 
superintendent. They shall receive such compensation as 
the board of public education shall determine. They shall 
be under the supervision and direction of the superintendent 
of schools, and shall be assigned by him to administrative 
districts. They shall inquire into and supervise all matters 
relating to the government, courses of study, methods of 
teaching, discipline, and conduct of all the schools in their 
respective districts, and shall report the same, when re- 
quired to the superintendent of schools and to the sectional 
school boards of their respective districts. The district 
superintendent of a district shall have a seat in each sec- 
tional school board of his district, and the right to speak, 
but not to vote, nor shall he hold office in said boards. ^^ 
Qualifications of applicants. 

771. The board of public education of each school dis- 
trict of the first class shall prescribe the mode or modes of 
determining the qualifications of applicants for positions as 
teachers in the schools of the district ; and shall designate 
the kinds or grades of licenses or certificates of qualification 
to teach which may or shall be used in the district, together 
with the scholastic and professional qualifications required 
for each kind or grade of license or certificate. '^ 

License or certificate. 

772. No license or certificate shall be granted to any 
person who is not of good moral character, nor to any per- 
son who shall not have first presented a certificate from a 
physician recognized by the board as competent for the pur- 
pose, setting forth that said applicant is neither mentally 
nor physically disqualified by any chronic or acute physical 
defect from successfully performing the duties of a teacher.'^ 
Eligible lists. Appointments. 

773. Eligible lists, properly classified, containing the 
names of persons who have received licenses or certificates of 



14. Act April 22, X905, Sec. 4, P. L. 269. 

15. Act April 22, 1905, Sec. 5, P. L. 269. 

16. Act April 22, 1905, Sec. 5, P. L. 269. 



CITIES OF THE FIRST CLASS 373 

qualification to teach and arranged as nearly as possible in 
the order of rank in standing, shall be kept in the office of 
the superintendent of schools, and shall be open to inspec- 
tion by members of the board of public education, associate 
and district superintendents, and sectional school boards. 
Except as superintendent of schools, associate superintend- 
ent, district superintendent, or director of a special branch, 
or as principal or teacher, in a training school, normal 
school, high school, school or manual training school, 
or in the case of promotion or transfer from any position to 
another or higher position, no person shall be appointed to 
any educational position whose name does not appear 
among the three highest names upon the proper eligible 
list.'7 
Proviso. 

774. No teacher now in position in any city of the first 
class shall be displaced by the provisions of this section.'^ 
Teachers' retirement fund. 

775. A teachers' retirement fund may be created by 
the board of public education, and shall be by them admin- 
istered. The said fund shall consist of all funds available 
for like purposes at the time of the enactment of this law, 
together with such additions thereto as the board may from 
time to time prescibe, and such moneys as may be donated 
or bequeathed for such purposes. Any teacher, principal 
or supervising official retired by the board of public educa- 
tion shall receive, from the said fund, such annuity as the 
board of public education may prescribe. '^ 
Superintendent of buildings. 

776. A superintendent of buildings shall be appointed by 
the board of public education, as hereinbefore provided, and 
shall give such security for the faithful performance of the 
duties of his office as the board of public education shall 
prescribe. He shall be an engineer or architect, of good 
standing in his profession, and shall be responsible for the 
condition and care of all school buildings and premises, ^° 

17. Act April 22, 1905, Sec. 5, P. L. 269. 

18. Act April 22, 1905, Sec. 5, P. L. 269. 

19. Act April 22, 1905, Sec. 6, P. L. 270. 
ao. Act April 22, 1905, Sec. 7, P. L. 270. 



374 COMMON SCHOOL LAW 

Deputies. 

777. He may appoint such deputies and other assistants 
as shall be authorized by the board of public education. 
All plans for new school construction, additions, or repairs 
shall be approved by the superintendent of buildings and 
the superintendent of schools before submission to the 
board of education for approval and passage." 

Janitors. 

778. Janitors for buildings devoted to elementary edu- 
cation shall be appointed by the sectional school boards. 
Janitors for school buildings other than those devoted to 
elementary education, provided by the regular graded course 
of study, shall be appointed by the board of public educa- 
tion. Said janitors shall receive such compensation as the 
board of public education may determine, and shall dis- 
charge their duties under the direction and to the satisfac- 
tion of the superintendent of buildings. They shall hold 
their positions at the pleasure of the board of education : 
Provided, however, That janitors now employed in schools 
within the limits of said cities of the first class shall not, 
save for cause, be displaced by the provisions of this sec- 
tion." 

Superintendent of supplies. Assistants. 

779. A superintendent of supplies shall be appointed 
by the board of public education, as hereinbefore provided, 
and shall give such security for the faithful performance of 
the duties of his office as the board of public education shall 
prescribe. He shall purchase and shall have the care and 
distribution of all supplies needed for the schools, under 
such regulations as the board of public education shall pre- 
scribe. He may appoint such assistants as shall be author- 
ized by the board. ^^ 

Appropriation for school purposes. Expenditures. 

780. Councils of said city of the ^rst class shall an- 
nually appropriate a sum for school purposes, which shall 



21. Act April 22, 1905, Sec. 7, P. L. 270. 

22. Act April 22, 1905, Sec. 7, P. L. 270. 

23. Act April 22, 1905, Sec. 8, P. L,. 270. 



CITIES OF THE FIRST CLASS 375 

be not less than five (5) mills on each dollar of the total as- 
sessment of real property of said school district, upon which 
the tax rate for the succeeding year is fixed. All the 
moneys raised shall be appropriated by the councils to and 
for such purposes as to them shall seem best, and said 
moneys shall not be expended by said board for any other 
purposes, nor for any one purpose, in a greater amount than 
shall be authorized by councils ; and no moneys shall be 
drawn from the city treasury except by due process of law, 
or upon warrants on the treasurer through duly authorized 
officers of the board of public education, and countersigned 
by the city controller, which shall state the particular item 
to which the same is chargeable. ^'^ 
The board to be a corporation. Titles. 

781. The board shall have complete power to admin- 
ister all money or moneys appropriated or available for its 
use, as hereinbefore provided, and to enter into and execute 
contracts, and for these purposes shall possess the powers 
and privileges of a corporation of the first class. The title 
to all property now held or that may hereafter be acquired 
for school or educational purposes, in the said school district 
of the first class, shall be vested in said city of the first class ; 
but all such property shall be under tlie exclusive care and 
control of the board of public education.^s 

Powers, rights, etc. 

782. The board of public education in each school dis- 
trict of the first class shall succeed to, and shall have and 
possess, all the powers, rights and privileges, not incon- 
sistent with this act, which the present existing board of 
public education in its respective district now lawfully has. 
Until the board of public education herein provided shall 
organize under the provisions of this act, the existing laws 
relating to the school district of the first class shall be in 
full force and effect. ^^ All acts or portions of acts now in 
force so far as they are inconsistent herewith are hereby re- 
pealed. ^^ 

24. Act April 22, 1905, Sec. 9, P. h- 271. 

25. Act April 22, 1905, Sec. 9, P. L. 271. 

26. Act April 22, 1905, Sec. 10. P. L,. 271. 

27. Act April 22, 1905, Sec. 11, P. 1,. 271. 



2,']6 COMMON SCHOOL LAW 

Cities may establish institutions for scientific and educational in- 
struction. Acquisition of property. Trustees. 

783. The city councils of any city, with the approval of 
the mayor or recorder thereof, may establish in such city 
institutions authorized to collect and hold certain educa- 
tional and economic collections, the object of each being the 
scientific, educational and economic instruction of the pub- 
lic concerning commerce, manufacturing, mining and agri- 
culture ; said institutions to have power to purchase or ac- 
cept by gift any real estate, money or personal property 
necessary for their use and promotion, and power to use, 
convey or transfer the same, as if they were bodies cor- 
porate, to be governed by boards of trustees, nominated, 
appointed and confirmed in such manner as the city coun- 
cils may determine. ^^'^ 

Public health. 

784. All departments of health of the cities of the first 
class of this Commonwealth shall have full power, and shall 
make, immediately after this act shall become a law, such 
rules and regulations, which in their judgment may be 
proper and necessary, for the protection of the public health, 
and amend or alter the same, from the diseases known as 
cholera, yellow, malarial, typhoid, typhus, scarlet, puerperal 
and relapsing fevers, small-pox, (variola or varioloid), 
chicken-pox (varicella), diphtheria, diphtheritic and mem- 
braneous croups, cerebro-spinal meningitis, measles, 
mumps, whooping-cough, tuberculosis (in any of its diverse 
forms), pneumonia, erysipelas, plague (Bubonic), trachoma, 
leprosy, tetanus, glanders, hydrophobia (rabies) and 
anthrax. ^^ 

Rules and regulations. 

785. Rules and regulations shall cover and include : 
(a) The reports to be made by physicians or other per- 
sons, in attendance upon any person afflicted with any of 
the said diseases, to said health authorities. 



28. Act April 25, 1903, Sec. i, P. L. 314- 

a This act is an example of the evolution of the legislative concep- 
tion of the purpose of municipal government. What connection 
the latter has with mining and agriculture is'not clearly apparent. 

29. Act April 20, 1905, Sec. i, P. L. 228. 



CITIES OF THE FIRST CLASS 377 

(b) The quarantining and disinfecting of persons and 
premises, and the placarding of notices. 

(c) The treatment or disposal of infected bedding, 
clothing, or other articles. 

(d) The care and burial of the bodies of persons who 
may have died from any of the said diseases, fixing the 
limit of time for burial, the methods to be used, the attend- 
ance of persons, and the style of advertising the funeral. 

(e) The disinfection of conveyances used in the burial 
of persons who may have died from said diseases, which may 
have been used by a person afflicted with any of said dis- 
eases or person who may have been in contact with the 
same. 

(f) The admission and attendance of persons at public 
or private schools, hospitals and asylums, or any other pub- 
lic or private educational or charitable institutions, and the 
compulsory vaccination and revaccination of inniates there- 
of, and of persons attending the same, or employed therein 
as physicians, teachers, nurses, or in any other capacity. 3° 
Publicity. 

786. All rules and regulations and all changes and 
amendments, when adopted, shall be printed and distrib- 
uted for public use ; copies of the same shall be filed with 
the state board of health. Copies shall be prepared and fur- 
nished to every educational institution, public or private, 
and to every physician and undertaker, within the jurisdic- 
tion of the health authorities promulgating the same.^' All 
acts or parts of acts inconsistent with this act are hereby 
repealed. 

Election of teachers. 

787. The board of public education of the city of Phil- 
adelphia has the right to prescribe the qualifications of all 
teachers, and to classify or grade them in accordance there- 
with, in such manner and by such tests as the board in its 
discretion may deem best for the interest of the public 
school system of the district ; and in determining the qual- 



30. Act April 20, 1905, Sec. 2, P. L,. 228. 

31. Act April 20, 1905, Sec. 3, P. 1,. 228. 



378 COMMON SCHOOL LAW 

iiications of teachers for different kinds of schools, the board 
may take into consideration the qnestion of sex. 

The board of education of the city of Philadelphia may 
determine that male teachers only shall be principals of cer- 
tain classes of schools, and in doing so they do not violate 
the provisions of Article X., Sec. 3, of the constitution of 
Pennsylvania, that " women twenty-one years of age and 
upwards shall be eligible to any office of control or manage- 
ment under the school laws of this state ; " because the posi- 
tion of teacher is not an " office of control or management " 
within the meaning of the constitution. 

The sectional school boards in the city of Philadelphia 
have the right to select from the classes of teachers estab- 
lished by the board of education the individuals to fill the 
required positions in their several sections, and to certify 
the names of the persons so selected, whether as principals 
or assistant teachers, to the board of education. The board 
of education then has the right to inquire whether the per- 
son so certified is a qualified member of the class from which 
the particular position should be filled, and, if so, it is 
charged with the duty of certifying the name and position 
to the city controller. The latter duty is ministerial and 
imperative, but it only arises after the board has ascertained, 
in pursuance of its right of inquiry, that a proper occasion 
is presented for its performance.^^ 



Commonwealth vs. Board of Education, 187 Pa. 70, i! 



CHAPTER XXXIII. 

COMMON SCHOOL EDUCATION IN CITIESOF THE SECOND CLASS. 

PAGE 

788. Members of school boards forbidden to hold any office of 

emolument or to be employed by school boards 379 

789. Repeal 379 

790. Power of directors of sub-school districts 379 

791. Repeal 380 

792. Mechanic arts 380 

793. Change of text books restricted in cities of second class 380 

794. Cities may establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 380 

Members of school boards forbidden to hold office of emolument or 
to be employed by school boards. 

788. It shall be unlawful for any director or any member 
of the board of control of school districts in any city of the 
second class within this Commonwealth, to hold the office of 
secretary of said board, or be employed by said board, 
while a member thereof, in any capacity in which any com- 
pensation is attached.' 

Repeal. 

789. All laws or parts of laws inconsistent herewith 
are hereby repealed.^ 

Powers of directors of sub^^school districts. 

790. The several boards of directors of the snb-school 
districts of cities of the second class shall have the power to 
purchase lots of ground, to erect, enlarge, and repair school 
buildings thereon, to purchase furniture, apparatus, books, 
stationery, and fuel, and to pay janitors in their respective 
districts, and to borrow money, and provide for the payment 
thereof, with its interest, and to levy taxes for such pur- 
poses, as fully as such power existed and belonged to said 
boards, prior to the passage of the act, entitled " An act in 
relation to cities of the second class, providing for the levy, 
collection, and disbursement of taxes," approved the twenty- 
second day of March, Anno Domini one thousand eight 
hundred and seventy-seven. ^ 



1. Act May 10, 1893, Sec. i, P. L- 34- 

2. Act May 10, 1893, Sec. 2, P. L. 34. 

3. Act May 24, 1881, Sec. i, P. L,. 29. 



380 COMMON SCHOOL LAW 

Repeal. 

791. All laws or parts of laws, inconsistent with this 
act, are hereby repealed, so far as the same relates to cities 
of the second class/ 

Mechanic arts. 

792. In every city of the second class the central 
board of edncation, and in every city of the third class the 
board of school controllers, and in every borough and town- 
ship of the first class the board of school directors shall 
have power to establish and maintain one or more schools 
for the instruction of pupils in the useful branches of the 
meclianic arts, athletics and kindred subjects, to provide 
the necessary buildings, machinery, apparatus and mater- 
ials, and to employ teachers and instructors therefor. ^ 
Change of text books restricted in cities of second class. 

793. Price lists of books to be furnished and adopted. 
Awarding of contracts. Penalty for violation of act. Act 
to be accepted.^ 

Cities May establish institutions for scientific and educational in- 
struction. Acquisition of property. Trustees. 

794. The city councils of any city, with the approval of 
the mayor or recorder thereof, may establish in such city in- 
stitutions authorized to collect and hold certain educational 
and economic collections, the object of each being the scien- 
tific, educational and economic instruction of the public con- 
cerning commerce, manufacturing, mining and agriculture ; 
said institutions to have power to purchase or accept b}- gift 
any real estate, money or personal property necessary for 
their use and promotion, and power to use, convey or trans- 
fer the same, as if they were bodies corporate, to be gov- 
erned by boards of trustees, nominated, appointed and con- 
firmed in such manner as the city councils may determine.^ 



4. Act May 24, 1881. Sec. 2, P. L. 29. 

5. Act March 24, 1905, Sec. i, P. L. 51. 

6. See Supra TEXT BOOKS AND SCHOOL SUPPLIES Sec. 668, 669, 

670, 671. 

7. Act April 25, 1903, Sec. i, P. L. 314. 



CHAPTER XXXIV. 

COMMON SCHOOL EDUCATION IN CITIES OF THE THIRD CLASS. 

PAGE 

795. Classification of cities 381 

796. Cities of the third class to constitute a separate school district 383 

797. Powers of controllers 383 

798. Election of controllers. Terras , 383 

799. Vacancies, how filled 384 

800. Annual organization of board. Officers 384 

801. Vacancies in offices of board 384 

802. Salary of the secretary 384 

803. Bond of secretary. Amount. Condition 384 

804. Election of two controllers for the same term 384 

805. Vacancies for unexpired terms 385 

806. For whom electors shall vote. Tickets to designate term 385 

807. Cases of two or more vacancies 385 

808. Proviso. Election of controllers in cities of fifteen or more 

wards 385 

809. Proviso. Act not applicable in certain respects to cities of the 

third class constituting one school district 385 

810. Directors may retain old laws governing them upon certain 

conditions. Certificate of non-acceptance to be filed 3S6 

811. Proviso. Boards may accept provisions of the Act of June 16, 

1891, P. L. 306 386 

812. Effect of the Act June 16, 1891, as to repeal 386 

S13. Members of school boards prohibited from holding the office 

of secretar\^ thereof 386 

814. Wilfully drawing warrant for pa\'ment of persons employed 

contrary to the act, declared a misdemeanor 387 

815. Oath of controllers. Form of oath." Copy to be filed 387 

8x6. Controllers may administer oath to each other 388 

817. vSecretarj' to qualify president 388 

818. School treasurer 388 

819. Separate office of school treasurer in cities of the third class 

was not abolished by Act of May 23, 1874. Additional com- 
pensation 388 

820. City treasurers shall be the collectors of all the city, school 

and poll taxes 389 

821. Mechanic art schools. Athletics 389 

822. Change of text books restricted in cities of the third class 389 

823. School taxes. To be levied on city assessment 390 

824. Certification of assessment to board 390 

825. Repeal 390 

826. Cities may establish institutions for scientific and educational 

instruction. Acquisition of property. Trustees 390 

827. Sinking fund for payment of debt 390 

Classification of cities. 

795. That for the purposes of legislation, regulating 
their municipal affairs, the exercise of certain corporate 



382 COMMON SCHOOL LAW 

powers and having respect to the number, character,' 
powers and duties of certain officers thereof, the cities now 
in existence and those hereafter created in this common- 
wealth, shall be divided into three classes : 

Those containing a population of one million or over 
shall constitute the first class. 

Those containing a population of one hundred thou- 
sand and under one million shall constitute the second class. 

Those containing a population under one hundred 
thousand, shall constitute the third class.' 

Tlie classification of said cities respectively shall be 
ascertained and fixed by reference to their population ac- 
cording to the last preceding United States census, and 
whenever it shall appear by any such census that any city 
of the second or third class has attained a population en- 
titling it to an advance in classification as herein prescribed, 
it shall be the duty of the governor, under the great seal of 
this commonwealth, to certify the fact accordingly, which 
certificate shall be entered at large upon the minutes of the 
councils of such city, and recorded in the office for record- 
ing the deeds of the proper county. 

At the municipal election occurring not less than one 
month after the date of such certificate, the proper officers 
shall be elected to which the said city will become entitled 
under the change in classification, and upon the first Mon- 
day of April next ensuing, the terms of all officers of said 
city then in office whose offices are superseded by reason 
thereof shall cease and determine, and the city government 
shall be duly organized, and shall thereafter be controlled 
and regulated by the laws of this commonwealth applicable 
to the same under the classification hereby fixed and 
appointed.^ 

1. Act June 25, 1895, Sec. i, P. L. 275. 

2. Act June 25, 1895, Sec. 2, P. L. 275. 



CITIES OF THE THIRD CLASS 383 

Cities of the third class to constitute a separate school district. 

796. Every city of the third class shall constitute a 
separate school district ^ which shall be known and desig- 
nated as a school district of the third class/ and all the prop- 
erty therein shall be the common property of said district.-'' 
Powers of controllers. 

797. The members of the board of school controllers 
for the time being shall have the power to levy and collect 
taxes, and the same rights and powers in relation to real 
and personal property as is now by law conferred upon the 
school directors of the several districts of this Common- 
wealth, and they shall govern and manage the public 
schools in the manner now provided by law for the mainte- 
nance of a system of ediication by common schools.^ 
Election of controllers. Terms. 

798. The qualified voters of each ward of each of said 
cities on the third Tuesday in February next succeeding 
the issuing of letters patent to said city, [shall] elect two 
members of the board of school controllers of said district, 
one to serve for the period of two years, and one to serve for 
the period of four years, and every two years thereafter the 
qualified voters of each of said wards shall elect one person 
to serve for the term of four years. ^ 



3. A territory annexed to a city of the third class, comprising one 

school district, is to constitute part of such district. Act June 23, 
1895, Sec. I. P. L. 239. 
Note — The act of June 3, 1905, P. L. 142, prescribed a mode of ad- 
justing the value of real estate belonging to the respective por- 
tions of school districts enlarged by the annexation of a part of a 
township and the apportionment of the debt or surplus between 
them. 

4. Act April 22, 1905, Sec. i, P. L. 272. 

5. Act June 16, 1891, Sec. i, P. L. 306. ' 

6. Act June 16, 1891, Sec. i, P. L. 306. 

7. Act June 16, 1891, Sec. i, P. L,. 306. The vacancy is to be filled tem- 

porarily by appointment of the board, but the successor is to be 
chosen at the next succeeding municipal election. 

Commonwealth vs. Evans, 102 Pa. 394, 1883. 

The act of May 4, 1905, P. L. 388, provides, among other things, 
for the increase of the number of school directors by the court of 
common pleas, upon the petition of the councils. 

See Stipra ELECTION OF DIRECTORS; FILLING OF 
VACANCIES, Sec. 79, 80, 81. 



384 COMMON SCHOOL LAW 

Vacancies, how filled. 

799. All vacancies which may happen in the said 
board as hereby constituted shall be filled in the manner as 
is now provided by law for vacancies in school boards.^ 
Annual organization of board. Officers. 

800. The board of controllers shall annually, on the 
Thursday succeeding the municipal election, meet and or- 
ganize by choosing a president and secretary, who shall be 
members of the board. ^ 

Vacancies in offices of board. 

801. In case of any vacancy in an}' of the said officers 
by death, resignation or otherwise, such vacancy shall be 
forthwith filled by said board of control for the remainder of 
the school year.'° 

Salary of the secretary. 

802. The secretary shall receive such salary as the 
board may determine " 

Bond of secretary. Amount. Condition. 

803. Every secretary of the board of school control, in 
cities of the third class within this Commonwealth, shall be 
required, before entering upon his duties, to give a bond, 
with two approved sureties, in the sum of two thousand 
dollars, conditioned for the faithful performance of the 
duties of the office and the proper accounting for all money, 
books and vouchers that may come into his possession.'^ 
Election of two controllers for the same term. 

804. In all cases where two members of said board are 
required to be elected to serve for the same term, each of 
said qualified voters shall vote for one person as a member 
of said board of school controllers for said term, and the two 
persons having the high est number of votes shall be declared 
to be elected. '3 



8. Act June 16, 1891, Sec. i, P. L. 306. 

9. Act June 16, 1891, Sec. i, P. L. 306. 

10. Act June 16, 1891, Sec. i, P. L. 306. 

11. Act June 16, 1891, Sec. i, P. L. 309. 

12. Act June 25, 1S85, Sec. i, P. L. 173. 

13. Act June 16, 1891, Sec. i, P. L. 306. 



I 



CITIES OF THE THIRD CLASS 385 

Vacancies for unexpired terms. 

805. When a vacancy or vacancies shall occur in the 
office of school controller, by death, resignation, or in any 
other manner than by the expiration of the term for which 
any school controller shall be elected, so that more than 
two school controllers must be elected at the succeeding 
municipal election in any ward of said city.''* 

For whom electors shall vote. Tickets to designate term. 

806. The qualified voters of such ward, in addition to 
the one school controller to be voted for by each elector to 
serve four years, shall vote for one person to fill each of 
such unexpired terms by designating upon the ticket to be 
voted the number of years for which such school controller 
is elected, and each elector shall vote for but one person to 
fill such unexpired term.''^ 

Case of two or more vacancies. 

807. If there be two vacancies for the same term, then 
the two candidates having the highest number of votes shall 
be declared elected ; and if there should be but one vacancy 
for any unexpired term, then the candidate having the 
highest number of votes for said term shall be declared 
elected.'^ 

Proviso. Election of controllers in cities of fifteen or more wards. 

808. In cities of the third class of fifteen wards or 
more, each ward shall elect but one controller ; those elected 
from even numbered wards at said first election to serve 
two years, and those from odd numbered wards for four 
years ; thereafter, every two years, alternately, they shall 
elect one each to serve for four years/'' 

Proviso. Act not applicable in certain respects to cities of the 
third class constituting one school district. 

809. The provisions of this act shall not be applicable 
to the election of directors or controllers of the public 
schools, to the organization of the school board, to the 



14. Act June 16, 1891, Sec. i, P. L,. 306. 

15. Act June 16, 1891, Sec. i, P. L,. 306. 

16. Act June 16, 1891, Sec. i, P. 1,. 306. 

17. Act June 16, 1891, Sec. i, P. L,. 306. 



386 COMMON SCHOOL LAW 

election of school treasurer or of any other officer of said 
board, to the receiving and collection of school taxes in any 
city of the third class constituting one school district.'^ 

Districts may retain old laws governing them upon certain condi- 
tions. Certificate of non=acceptance to be filed. 

810. The said district shall be governed by laws here- 
tofore enacted, applicable to the same, if the acceptance of 
this act, required by the 57th section hereof, shall be ac- 
companied by a certificate from the school district, signed 
by the proper officers thereof, expressing its desire to retain 
the laws governing it independent of this statute, otherwise 
this act shall govern the same.'^ 

Proviso. Boards may accept provisions of the Act of June 16, 
1891, P. L. 306. 

811. It shall be lawful for such board, in its discretion, 
by a vote of its members as aforesaid, from time 10 time, to 
accept any of the provisions of this act regulating school 
matters, and after such acceptance, duly recorded on the 
minutes of said board, said provisions so accepted shall be 
the law of such district.'" 

Effect of the Act June 16, 1891, as to repeal. 

812. This act shall not operate to repeal any act or 
part of an act heretofore passed, except in so far as the 
same may affect the representation in boards of school con- 
trollers in cities of the third class.^' 

Members of school beards prohibited from holding the office of 
secretary thereof, 

813. That from and after the passage of this act, it shall 
not be lawful for any director or member of the board of 

18. Act June 16, 1891, Sec. i, P. L. 306. 

19. Act June 16, 1891, Sec. i, P. L. 306. 

20. Act June 16, 1891, Sec. i, P. L. 306. 

21. Act June 16, 1891, Sec. 2, P. L. 306. 

Note — The above Act of 1891 is an amendment to section 41 of the 
municipal Act of May 23, 1874, P. L. 254. The Act of May 23, 1889, P. 
L. 274, "constituting each city of the third class a single school district, 
providing for the election of its school controllers, the levy and collec- 
tion of taxes and management of its affairs," was held to be unconstitu- 
tional in Commonwealth vs. Reynolds, 137, Pa. 389. The Act of 1891 is 
constitutional. Commonwealth vs. Gilligan, 191 Pa. 504. See also 
Commonwealth vs. Guthrie, 203 Pa. 204; Commonwealth vs. Middleton, 
210 Pa. 582, 1905. 



CITIES OF THE THIRD CLASS 387 

school control, in any city of the third class, within this 
Commonwealth, to hold the office of secretary of said board, 
or to be employed by said board, while a member thereof, 
in any capacity in which there is any compensation at- 
tached . " 

Wilfully drawing warrant for payment of persons employed con= 
trary to the act, declared a misdemeanor. 

814. Any officer wilfully drawing any warrant, or pass- 
ing any voucher, for the payment of any person elected, or 
employed contrary to the provisions of section one of this 
act, sliall be guilty of a misdemeanor, and on conviction 
thereof be punished by a fine not exceeding one thousand 
dollars, and imprisonment not exceeding one year, or both, 
or either, at the discretion of the court. ^^^ 

Oath of controllers. Form of oath. Copy to be filed. 

815. xAU persons elected to the office of school director, 
after ihe passage of this act, in the Commonwealth of Penn- 
sylvania, shall, before entering upon the duties of such 
office, shall take and subscribe to an oath or affirmation, that 
he will support the constitution of the United States and 
the constitution of the Commonwealth of Pennsylvania and 
the laws thereof ; that he has used no unlawful means to 
procure his election to said office, and that he will discharge 
the duties of said office, for the district in which elected, 



22. Act June 11, 1885, Sec. i, P. L,. loS. 

Note — This .section is valid. Commonwealth vs. Baker, 13 D. R. 
448, 1904. The 1st section of the act of June 11, 1885, P. L,. 108, pro- 
hibiting any member or director of the board of schocd control in any 
city of the third class to hold the office of secretary of said board, or to be 
employed by said board while a member thereof in any capacity to which 
there is any compensation attached, does not violate Art. Ill, sec. 7, of 
the Constitution of Pennsylvania, prohibiting special and local legisla- 
tion. 

There is no constitutional objection to the classification of school 
districts. 

Commonwealth ex rel. Mizener vs. Baker, 13 D. R. 448, 1904. 

Sugar Notch Borough, 192 Pa. 349, 1899. 

Commonwealth vs. Gilligan, 195 Pa. 504, 1900. 

City of Erie School District vs. Smith, 195 Pa. 515, 1900. 

Commonwealth vs. Howell, 195 Pa. 519, 1900. 

Commonwealth vs. Guthrie, 203 Pa. 209, 1902. 

23. Act June 11, 1885, Sec. 2, P. L. 108. 



388 COMMON SCHOOI. LAW 

faithfully and iiupartially, and to the best of his under- 
standing and ability ; which oath or affirmation shall be 
taken before a justice of the peace, notary public or some 
other officer authorized to administer oaths,* and a copy of 
the same shall be entered upon the minutes of the board 
of school directors of the proper district. ^-^ 
Controllers may administer oath to each other. 

816. On and after the passage of this act it shall be 
lawful for school directors in the various school districts in 
this Commonwealth to qualify each other, by oath or affirma- 
tion, that they will faithfully discharge the duties of said 
office, and that they be authorized to certify the same to the 
proper authorities.*^ 

Secretary to qualify president. 

817. In the organization of a school board it shall be 
the duty of the person chosen to act as secretary to qualify 
the person chosen to act as president, and the president in 
turn shall qualify all the other members of said board.^^ 
School treasurer. 

818. The city treasurer shall ex-officio be school treas- 
urer, and before entering upon the duties of his office shall 
give bond to the school directors conditioned for the faith- 
ful performance of his duties, in such amount as the board 
shall direct, and with such sureties as shall [be] by them 
approved, and shall also before he enters upon his office, 
take and subscribe an oath or affirmation of like nature as 
is hereinbefore prescribed for the city treasurer.^^ 

Separate office of school treasurer in cities of the third class 
was not abolished by act of May 23, 1874. Additional 
compensation. 

819. The municipal corporations act of May 23, 1874, 
P. L. 230, by section 42 of which it is provided that the 
city treasurer shall ex-officio be school treasurer in cities of 



* See Infra, 816, 817. 

24. Act April 16, 1891, Sec. i, P. L. 22. 

25. Act June 25, 1895, Sec. i, P. L,. 284. 

26. Act June 25, 1895, Sec. 2, P. L,. 284. 

27. Act May 23, 1874, Sec. 42, P. L. 256. This act is constitutional. 

Commonwealth vs. Middleton, 210 Pa. 582, 1905. 



CITIES OF THE THIRD CLASS 389 

the third class, does not abolish the office of school treasurer 
as a separate office in such cities. 

The city treasurer, in addition to his salary as such, is 
entitled, under the act of May 8, 1854, P. h. 617, to such 
compensation for his services in the capacity of school 
treasurer as the board of school controllers may determine, 
not exceeding two per centum of the school taxes collected. 

When the school board have refused to fix any com- 
pensation for tlie treasurer, he does not become in default 
upon his official bond, by retaining at the end of his term 
the amount of the maximum commission allowable under 
said act of 1854, and holding the same to await action by 
the board fixing his commission. ^^ 

City treasurers shall be the collectors of all the city, school and 
poor taxes. 

820. That the several city treasurers, hereafter elected 
in cities of the third class of this Commonwealth, by virtue 
of their office shall be the collectors of all the city, school 
and poor taxes, assessed or levied in their respective cities, 
and shall perform the duties and be subject to the herein- 
after provisions of this act.^^ 

Mechanic art schools. Athletics. 

821. In every city of the second class the central board 
of education, and in every city of the third class the board 
of school controllers, and in every borough and township of 
the first class the board of school directors, shall have power 
to establish and maintain one or more schools for the in- 
struction of pupils in the useful branches of the mechanic 
arts, athletics and kindred subjects, to provide the necessary 
buildings, machinery, apparatus and materials, and to em- 
ploy teachers and instructors therefor. 3° 

Change of text books restricted in cities of the third class. 

822. Price lists of books to be furnished and adopted. 
Awarding of contracts. 

Penalty for violation of act. Act to be accepted^' 

28. Scranton School District vs. Simpson et aL, 133 Pa. 202, 1890. 

29. Act June 20, 1901, Sec. i, P. L. 578. 

30. Act March 24, 1905, Sec. i, P. L, 52. 

31. See Supra, TEXT BOOKS AND SCHOOL SUPPLIES, Sec. 668, 

669, 670, 671. 



390 COMMON SCHOOL LAW 

School taxes. To be levied on city assessment. 

823. In cities of the third class where the school dis- 
trict comprises the same territory as the city, the taxes for 
school and school building purposes shall be levied on the 
assessment made for city purposes.^^ 

Certification of assessment to board. 

824. The city clerk or other competent person author- 
ized by city council shall make, for the use of the school 
board, a true copy of the completed assessment, and shall 
duly certify the same to the said board. ^^ 

Repeal. 

825. All acts or parts of acts inconsistent herewith are 
hereby repealed. 34 

Cities may establish institutions for scientific and educational in- 
struction. Acquisition of property. Trustees. 

826. The city councils of any city, with the approval of 
the mayor or recorder thereof, may establish in such city 
institutions authorized to collect and hold certain educa- 
tional and economic collections, the object of each being the 
scientific, educational and economic instruction of the pub- 
lic concerning commerce, manufacturing, mining and agri- 
culture ; said institutions to have power to purchase or ac- 
cept by gift any real estate, money or personal property 
necessary for their use and promotion, and power to use, 
convey or transfer the same, as if they were bodies cor- 
porate, to be governed by boards of trustees, nominated, 
appointed and confirmed in such manner as the city coun- 
cils may determiners 

Sinking fund for payment of funded debt. Rate of tax therefor. 
Application of tax. 

827. For the purpose of creating a sinking fund for the 
gradual extinguishment of the bonds and funded debt of the 



32. Act May 25, 1897, Sec. i, P. L. 85. 

33. Act May 25, 1897, Sec. 2, P. L. 85. 

34. Act May 25, 1897, P. L. 85. Note — This act is con.stitutional, and 

applies to cities of the third class whether, it seems, such cities 
have accepted the school pri visions of the act of May 23, 1874, or 
not. Erie School District vs. Smith, 195 Pa. 515, 1900. 

35. Act April 25, 1903, Sec. i, P. L. 314- 



CITIES OF THE THIRD CLASS 391 

respective school districts in the cities of this Commonwealth, 
the school controllers of each thereof shall annually (until 
payment of the bonds and funded debt be fully provided for) 
levy and collect a tax of not less than one mill, and not ex- 
ceeding three mills, upon the assessed value of the taxable 
property of each of said cities, which shall be paid into the 
school treasury, and shall be applied towards and extin- 
guishment of said bonds, and funded debt, in the order of 
priority of the date of its issue, and to no other purpose 
whatever : Provided, That the whole tax of such school dis- 
trict for any one year shall not exceed the entire rate now 
allowed by law for school and building purposes.^^ "■ 



Act May 23, 1874, Sec. 44, P. L,. 256. a See title INDEBTED- 
NESS, Supra Sec. 346, for acts governing the manner of increas- 
ing the indebtedness of school districts. Numerous acts, some 
applying to school districts in cities of the third class, and some 
to school districts in general, authorize the funding of existing 
indebtedness. The Acts of May 19, 1897, P. L,. 76 [Supra, Sec. 
364), and May 25, 1897, P. L. 91, validate the indebtedness of such 
municipalities insured in excess of two per centum and less than 
seven per centum of the assessed valuation, or under an irregular 
form of election ballot. 

The Act of May 7, 1885, P. L. 15, see Supra CITY AND BOR- 
OUGH SUPERINTENDENTS, Sec. 676, authorized the election 
triennially, on the first Tuesday of May, by the school directors 
of any city, borough or township having a population of over five 
thousand inhabitants, of a superintendent, whose duties are such 
as are prescribed by Sees. 7-10 of the Act of April 9, 1867, P. L. 
53. See Supra CITY AND BOROUGH SUPERINTENDENT, 
Sec. 676, 677, 678, 679. 



CHAPTER XXXV. 

STATE NORMAL SCHOOLS. 

PAGE 

828. Normal school districts 393 

829. Thirteenth normal school district erected 394 

830. Establishment of normal schools 394 

831. Management of normal schools by board of trustees. Votes... 395 

832. Power of boards of trustees to receive, hold and use real and 

personal estate. 395 

833. Trustees to make annual reports. Visitation 395 

834. Suitable buildings and other requisites of such schools 396 

835. Hall, lodging rooms and refectories 396 

836. Library for use of students 397 

837. Professors 397 

838. Principal 397 

839. Course of study 397 

840. Model schools 398 

841. Qualifications for admission 398 

842. Text books 398 

843. Students admitted to schools on school district account. Ex- 

amination 398 

844. Compensation from other students 399 

845. When pupils from school district may be instructed in normal 

schools. Payment of expenses. Action to be entered upon 

the minutes 399 

846 Admission of teachers from common schools 400 

847. Examinations of graduating classes. Board of Examiners. 

Appointment of board 400 

848. Appropriation for expenses of board of examiners 400 

849. Manner of holding examinations 400 

850. Power to expel students attending school on district account .. 401 

851. Examination of schools desiring to be admitted to the privi- 

leges of normal schools 401 

852. Proceedings where two or more schools make application. 

Visitation 402 

853. Examination of candidates for graduation. Certificates of 

scholarship 402 

854. Certificates. Effect thereof 403 

855. When additional certificate maybe granted 403 

856. When certificates of graduation shall be issued. Proof re- 

quired 403 

857. Normal school second diploma 404 

858. Number of votes necessary to obtain a certificate or to 

graduate 404 

859. Provisional certificates. Degree of scholarship,... 405 

860. Duty of students who graduate on district account 405 

861. Duty of superintendent 405 

862. When normal schools shall go into operation 406 

863. Requisites for the establishment of a normal school. Exami- 

nations 406 



CITIES OF THE THIRD CLASS 385 

Vacancies for unexpired terms. 

805. When a vacancy or vacancies shall occur in the 
office of school controller, by death, resignation, or in any 
other manner than by the expiration of the term for which 
any school controller shall be elected, so that more than 
two school controllers must be elected at the succeeding 
municipal election in any ward of said city.''' 

For whom electors shall vote. Tickets to designate term. 

806. The qualified voters of such ward, in addition to 
the one school controller to be voted for by each elector to 
serve four years, shall vote for one person to fill each of 
such unexpired terms by designating upon the ticket to be 
voted the number of years for which such school controller 
is elected, and each elector shall vote for but one person to 
fill such unexpired term.''' 

Case of two or more vacancies. 

807. If there be two vacancies for the same term, then 
the two candidates having the highest number of votes shall 
be declared elected ; and if there should be but one vacancy 
for any unexpired term, then the candidate having the 
highest number of votes for said term shall be declared 
elected.'^ 

Proviso. Election of controllers in cities of fifteen or more wards. 

808. In cities of the third class of fifteen wards or 
more, each ward shall elect but one controller ; those elected 
from even numbered wards at said first election to serve 
two years, and those from odd numbered wards for four 
years ; thereafter, every two years, alternately, they shall 
elect one each to serve for four years.'^ 

Proviso. Act not applicable in certain respects to cities of the 
third class constituting one school district. 

809. The provisions of this act shall not be applicable 
to the election of directors or controllers of the public 
schools, to the organization of the school board, to the 



14. Act June 16, 1891, Sec. i, P. h- 306. 

15. Act June 16, 1891, Sec. i, P. L. 306. 

16. Act June 16, 1891, Sec. i, P. L. 306. 

17. Act June 16, 1891, Sec. i, P. h- 306. 



386 COMMON SCHOOL LAW 

election of school treasurer or of any other officer of said 
board, to the receiving and collection of school taxes in any 
city of the third class constituting one school district.'.^ 

Districts may retain old laws governing them upon certain condi- 
tions. Certificate of non=acceptance to be filed. 

810. The said district shall be governed by laws here- 
tofore enacted, applicable to the same, if the acceptance of 
this act, required by the 57th section hereof, shall be ac- 
companied by a certificate from the school district, signed 

. by the proper officers thereof, expressing its desire to retain 
the laws governing it independent of this statute, otherwise 
this act shall govern the same."? 

Proviso. Boards may accept provisions of the Act of June i6, 
1891, P. L.,306. 

811. It shall be lawful for such board, in its discretion, 
bv a vote of its members as aforesaid, from time 10 time, to 
accept any of the provisions of this act regulating school 
matters, and after such acceptance, duly recorded on the 
minutes of said board, said provisions so accepted shall be 
the law of such district.^" 

Effect of the Act June 16, 1891, as to repeal. 

812. This act shall not operate to repeal any act or 
part of an act heretofore passed, except in so far as the 
same may affect the representation in boards of school con- 
trollers in cities of the third class.^' 

Members of school beards prohibited from holding the office of 
secretary thereof. 

813. That from and after the passage of this act, it shall 
not be lawful for any director or member of the board of 

18. Act June 16, 1891, Sec. i, P. L. 306. 

19. Act June 16, 1891, Sec. i, P. L. 306. 

20. Act June 16, 1891, Sec. i, P. L. 306. 

21. Act June 16, 1891, Sec. 2, P. L. 306. 

Note — The above Act of 1891 is an amendment to section 41 of the 
municipal Act of May 23, 1874, P. L. 254. The Act of May 23, 1889, P. 
L. 274, "constituting each city of the third class a single school district, 
providing for the election of its school controllers, the levy and collec- 
tion of taxes and management of its affairs," was held to be unconstitu- 
tional in Commonwealth vs. Reynolds, 137, Pa. 389. The Act of 1891 is 
constitutional. Commonwealth vs. Gilligan, 191 Pa. 504. See also 
Commonwealth vs. Guthrie, 203 Pa. 204; Commonwealth vs. Middleton, 
210 Pa. 582, 1905. 



CITIES OF THE THIRD CLASS 387 

school control, in any city of the third class, within this 
Commonwealth, to hold the office of secretary of said board, 
or to be employed by said board, while a member thereof, 
in any capacity in which there is any compensation at- 
tached." 

Wilfully drawing warrant for payment of persons employed con= 
trary to the act, declared a misdemeanor. 

814. Any officer wilfully drawing any warrant, or pass- 
ing any voucher, for the payment of any person elected, or 
employed contrary to the provisions of section one of this 
act, shall be guilty of a misdemeanor, and on conviction 
thereof be punished by a fine not exceeding one thousand 
dollars, and imprisonment not exceeding one year, or both, 
or either, at the discretion of the conrt.^^ 

Oath of controllers. Form of oath. Copy to be filed. 

815. All persons elected to the office of school director, 
after ihe passage of this act, in the Commonwealth of Penn- 
sylvania, shall, before entering upon the duties of such 
office, shall take and subscribe to an oath or affirmation, that 
he will support the constitution of the United States and 
the constitution of the Commonwealth of Pennsylvania and 
the laws thereof ; that he has used no unlawful means to 
procure his election to said office, and that he will discharge 
the duties of said office, for the district in which elected, 



22. Act June 11, 1885, Sec. i, P. L. 108. 

Note — This section is valid. Commonwealth vs. Baker, 13 D. R. 
448, 1904. The 1st section of the act of June 11, 1885, P. L. 108, pro- 
hibiting any member or director of the board of school control in any 
city of the third class to hold the office of secretary of said board, or to be 
employed by said board while a member thereof in any capacity to which 
there is any compensation attached, does not violate Art. Ill, sec. 7, of 
the Constitution of Pennsylvania, prohibiting special and local legisla- 
tion. 

There is no constitutional objection to the classification of school 
districts. 

Commonwealth ex rel. Mizener vs. Baker, 13 D. R. 448, 1904. 

Sugar Notch Borough, 192 Pa. 349, '1899. 

Commonwealth vs. Gilligan, 195 Pa. 504, 1900. 

City of Erie School District vs. vSmith, 195 Pa. 515, 1900. 

Commonwealth vs. Howell, 195 Pa. 519, 1900. 

Commonwealth vs. Guthrie, 203 Pa. 209, 1902. 

23. Act June 11, 1S85, Sec. 2, P. L,. 108. 



388 COMMON SCHOOL LAW 

faithfully and impartially, and to the best of his under- 
standing and ability ; which oath or affirmation shall be 
taken before a justice of the peace, notary public or some 
other officer authorized to administer oaths,* and a copy of 
the same shall be entered upon the minutes of the board 
of school directors of the proper district. ^^ 
Controllers may administer oath to each other. 

816. On and after the passage of this act it shall be 
lawful for school directors in the various school districts in 
this Commonwealth to qualify each other, by oath or affirma- 
tion, that they will faithfully discharge the duties of said 
office, and that they be authorized to certify the same to the 
proper authorities. ^^ 

Secretary to qualify president. 

817. In the organization of a school board it shall be 
the duty of the person chosen to act as secretary to qualify 
the person chosen to act as president, and the president in 
turn shall qualify all the other members of said board.^^ 
School treasurer. 

818. The city treasurer shall ex-officio be school treas- 
urer, and before entering upon the duties of his office shall 
give bond to the school directors conditioned for the faith- 
ful performance of his duties, in such amount as the board 
shall direct, and with such sureties as shall [be] by them 
approved, and shall also before he enters upon his office, 
take and subscribe an oath or affirmation of like nature as 
is hereinbefore prescribed for the city treasurer. ^^ 

Separate office of school treasurer in cities of the third class 
was not abolished by act of May 23, 1874. Additional 
compensation. 

819. The municipal corporations act of May 23, 1874, 
P. h- 230, by section 42 of which it is provided that the 
city treasurer shall ex-officio be school treasurer in cities of 



* See Infra, 816, 817. 

24. Act April 16, 1891, Sec. i, P. L. 22. 

25. Act June 25, 1895, Sec. i, P. L- 284. 

26. Act June 25, 1895, Sec. 2, P. L. 284. 

27. Act May 23, 1874, Sec. 42, P. L- 256. This act is constitutional. 

Commonwealth vs. Middleton, 210 Pa. 582, 1905. 



CITIES OF THE THIRD CLASS 389 

the third class, does not abolish the office of school treasurer 
as a separate office in such cities. 

The city treasurer, in addition to his salary as such, is 
entitled, under the act of May 8, 1854, P. h. 617, to such 
compensation for his services in the capacity of school 
treasurer as the board of school controllers may determine, 
not exceeding two per centum of the school taxes collected. 

When the school board have refused to fix any com- 
pensation for tlie treasurer, he does not become in default 
upon his official bond, by retaining at the end of his term 
the amount of the maximum commission allowable under 
said act of 1854, and holding the same to await action by 
the board fixing his commission. ^^ 

City treasurers shall be the collectors of all the city, school and 
poor taxes. 

820. That the several city treasurers, hereafter elected 
in cities of the third class of this Commonwealth, by virtue 
of their office shall be the collectors of all the city, school 
and poor taxes, assessed or levied in their respective cities, 
and shall perform the duties and be subject to the herein- 
after provisions of this act.^^ 

Mechanic art schools. Athletics. 

821. In every city of the second class the central board 
of education, and in every city of the third class the board 
of school controllers, and in every borough and township of 
the first class the board of school directors, shall have power 
to establish and maintain one or more schools for the in- 
struction of pupils in the useful branches of the mechanic 
arts, athletics and kindred subjects, to provide the necessary 
buildings, machinery, apparatus and materials, and to em- 
ploy teachers and instructors therefor. 3° 

Change of text books restricted in cities of the third class. 

822. Price lists of books to be furnished and adopted. 
Awarding of contracts. 

Penalty for violation of act. Act to be accepted^' 

28. Scranton School District vs. Simpson et al, , 133 Pa. 202, 1890. 

29. Act June 20, 1901, Sec. i, P. L. 578. 

30. Act March 24, 1905, Sec. i, P. L,, 52. 

31. See Supra, TEXT BOOKS AND SCHOOL SUPPLIES, Sec. 668, 

669, 670, 671. 



390 COMMON SCHOOL LAW 

School taxes. To be levied on city assessment. 

823. In cities of the third class where the school dis- 
trict comprises the same territory as the city, the taxes for 
school and school building purposes shall be levied on the 
assessment made for city purposes.^^ 

Certification of assessment to board. 

824. The city clerk or other competent person author- 
ized by city council shall make, for the use of the school 
board, a true copy of the completed assessment, and shall 
duly certify the same to the said board. ^^ 

Repeal . 

825. All acts or parts of acts inconsistent herewith are 
hereby repealed. ^4 

Cities may establish institutions for scientific and educational in- 
struction. Acquisition of property. Trustees. 

826. The city councils of any city, with the approval of 
the mayor or recorder thereof, may establish in such city 
institutions authorized to collect and hold certain educa- 
tional and economic collections, the object of each being the 
scientific, educational and economic instruction of the pub- 
lic concerning commerce, manufacturing, mining and agri- 
culture ; said institutions to have power to purchase or ac- 
cept by gift any real estate, money or personal property 
necessary for their use and promotion, and power to use, 
convey or transfer the same, as if they were bodies cor- 
porate, to be governed by boards of trustees, nominated, 
appointed and confirmed in such manner as the city coun- 
cils may determiners 

Sinking fund for payment of funded debt. Rate of tax therefor. 
Application of tax. 

827. For the purpose of creating a sinking fund for the 
gradual extinguishment of the bonds and funded debt of the 



32. Act May 25, 1897, Sec. i, P. L. 85. 

33. Act May 25, 1897, Sec. 2, P. L. 85. 

34. Act May 25, 1897, P. L. 85. Note — This act is constitutional, and 

applies to cities of the third class whether, it seems, such cities 
have accepted the school pri visions of the act of Maj' 23, 1874, or 
not. Erie School District vs. Smith, 195 Pa. 515, 1900. 

35. Act April 25, 1903, Sec. I, P. L. 314. 



I 



CITIES OF THE THIRD CLASS 39 1 

respective school districts in the cities of this Commonwealth, 
the school controllers of each thereof shall annually (until 
payment of the bonds and funded debt be fully provided for) 
levy and collect a tax of not less than one mill, and not ex- 
ceeding three mills, upon the assessed value of the taxable 
property of each of said cities, which shall be paid into the 
school treasury, and shall be applied towards and extin- 
guishment of said bonds, and funded debt, in the order of 
priority of the date of its issue, and to no other purpose 
whatever : Provided, That the whole tax of such school dis- 
trict for any one year shall not exceed the entire rate now 
allowed by law for school and building purposes.^^ " 



36. Act May 23, 1874, Sec. 44, P. L,. 256. a See title INDEBTED- 
NESS, Supra Sec. 346, for acts governing the manner of increas- 
ing the indebtedness of school districts. Numerous acts, some 
applying to school districts in cities of the third class, and some 
to school districts in general, authorize the funding of existing 
indebtedness. The Acts of May 19, 1897, P. L,. 76 {Supra, Sec. 
364), and May 25, 1897, P. L. 91, validate the indebtedness of such 
municipalities insured in excess of two per centum and less than 
seven per centum of the assessed valuation, or under an irregular 
form of election ballot. 

The Act of May 7, 1885, P. L. 15, see Supra CITY AND BOR- 
OUGH SUPERINTENDENTS, Sec. 676, authorized the election 
triennially, on the first Tuesday of May, by the school directors 
of any city, borough or township having a population of over five 
thousand inhabitants, of a superintendent, whose duties are such 
as are prescribed by Sees. 7-10 of the Act of April 9, 1867, P. L. 
53. See Supra CITY AND BOROUGH SUPERINTENDENT, 
Sec. 676, 677, 678, 679. 



CHAPTER XXXV. 

STATE NORMAL SCHOOLS. 

PAGE 

828. Normal school districts 393 

829. Thirteenth normal school district erected 394 

830. Establishment of normal schools 394 

831. Management of normal schools by board of trustees. Votes... 395 

832. Power of boards of trustees to receive, hold and use real and 

personal estate. 395 

833. Trustees to make annual reports. Visitation 395 

834. Suitable buildings and other requisites of such schools 396 

835. Hall, lodging rooms and refectories 396 

836. Library for use of students 397 

837. Professors 397 

838. Principal 397 

839. Course of study 397 

840. Model schools 398 

841. Qualifications for admission 398 

842. Te:st books 398 

843. Students admitted to schools on school district account. Ex- 

amination 398 

844. Compensation from other students 399 

845. When pupils from school district may be instructed in normal 

schools. Payment of expenses. Action to be entered upon 

the minutes 399 

846 Admission of teachers from common schools 400 

847. Examinations of graduating classes. Board of Examiners. 

Appointment of board 400 

848. Appropriation for expenses of board of examiners 400 

849. Manner of holding examinations 400 

850. Power to expel students attending school on district account .. 401 

851. Examination of schools desiring to be admitted to the privi- 

leges of normal schools 401 

852. Proceedings where two or more schools make application. 

Visitation 402 

853. Examination of candidates for graduation. Certificates of 

scholarship 402 

854. Certificates. Effect thereof 403 

855. When additional certificate may be granted 403 

856. When certificates of graduation shall be issued. Proof re- 

quired 403 

857. Normal school second diploma 404 

858. Number of votes necessary to obtain a certificate or to 

graduate 404 

859. Provisional certificates. Degree of scholarship 405 

860. Duty of stiidents who graduate on district account 405 

861. Duty of superintendent 405 

862. When normal schools shall go into operation 406 

863. Requisites for the establishment of a normal school. Exami- 

nations 406 



STATE NORMAL SCHOOLS 393 

864. State trustees. Appointment 407 

865. State appropriation 407 

866. Allowance to students who agree to teach in the ccnimon 

school s 407 

867. Instruction of pupils drawing an allowance 408 

868. Allowance of fifty dollars to certain graduates of normal 

schools 408 

869. Graduates under seventeen years old not entitled to fifty dol- 

lar allowance 408 

870. Trustees and their powers. Election and appointment 408 

871. Elections of trustees by contributors or stockholders 409 

872. State trustees. Nomination and appointment 409 

873. First election and appointment 409 

874. Quorum 409 

875. Powers and privileges of the two classes of trustees 410 

876. Meeting of board of trustees. Majority of trustees requisite 

to pass motions 410 

877. Distribution of state appropriation 410 

878. Limitation of indebtedness 411 

879. Bonded indebtedness may be refunded. Increase of mort- 

gage. Statement toauditor general 411 

880. Execution of bonds and mortgages 411 

881. Priority of lien. Exemption from tax 412 

8S2. No power to mortgage without special statutory authority 412 

883. Normal schools subject to mechanics' liens 412 

884. Condemnation of real estate. Enlargement of school grounds. 

Bond 412 

885. Petition. Appointment of viewers 413 

886. Viewers to be sworn 413 

887. The view. Estimate of damages. Report 413 

888. Compensation of viewers 414 

889. Appeal from report or viewers 414 

890. Costs. By whom paid 414 

891. Eminent domain. Entension of corporate privileges 414 

892. Officers of institutions receiving state aid shall not sell or fur- 

nish supplies. Misdemeanor. Fine and penalty 418 

893. Manager or trustee of an institution receiving state aid forbid- 

den to sell or furnish supplies to students 41S 

894. State may purchase real estate of normal school in certain cases 

895. Return of sale to be made to auditor general 421 

896. Appropriation to pay purchase money 421 

897. Insurance money to be held in trust 421 

898. Insurance money to be used for repairing and rebuilding 421 

Normal school districts. 

828. For the purposes of the following act, the counties 
of Delaware, Chester, Bucks, and Montgomery, shall form 



394 COMMON SCHOOL LAW 

the first normal school district ; Lancaster, York and Leb- 
anon, the second ; Berks, Schuylkill and Lehigh, the 
third ; Northampton, Carbon, Monroe, Pike, Luzerne and 
Wayne, the fourth ; Wyoming, Sullivan, Susquehanna, 
Bradford, Lycoming and Tioga, the fifth ; Dauphin, North- 
umberland, Columbia, Montour, Union, Snyder, Perry, 
Juniata and Mifflin, the sixth ; Cumberland, Adams, Frank- 
lin, Fulton, Bedford, Huntingdon and Blair, the seventh ; 
Centre, Clinton, Clearfield, Elk, Potter, McKean, Jefferson, 
Clarion, Forest and Warren, the eighth ; Cambria, Indi- 
ana, Armstrong and Westmoreland, the ninth ; Washing- 
ton, Grepne, Fayette and Somerset, the tenth ; Allegheny, 
Butler and Beaver, the eleventh ; and Lawrence, Mercer, 
Venango, Crawford and Erie, the twelfth.' 
Thirteenth normal school district erected. 

829. The eighth normal school district of this Com- 
monwealth, as provided by section i of the act of May 20, 
1857,* be and the same is hereby divided ; and from this date, 
the said eighth normal school district shall consist of the 
counties of Centre, Clinton, Clearfield, Elk, Potter and 
Cameron, and the counties of Jefferson, Clarion, Forest, 
Warren and McKean shall constitute the thirteenth dis- 
trict.' 

Establishment of normal schools. 

830. When any number of citizens of this state, not 
less than thirteen, shall, as contributors or stockholders, 
erect and establish a school for the professional training of 
young men and women as teachers for the common schools 
of the state, in accordance with the provisions of this act, 
such school may become entitled to its benefits, in the man- 
ner hereinafter set forth : Provided, however, That not more 
than one such school shall, at the same time, become and 
continue to be entitled to such benefits in each of the forego- 
ing normal school districts ; and that this act shall not take 
effect till at least four such schools, in as many different dis- 



1. Act Mrj 20, 1857, Sec. I, p. L. 581. 
*P. L. 581, Supra 828. 

2. Act May 8, 1874, Sec. i, P. L- 120. 



STATE NORMAL SCHOOLS 395 

tricts, shall have complied and been recognized in accord- 
ance with the provisions of this act ^ 
Management of normal schools by boards of trustees. Votes. 

331. The pecuniary affairs of each of said schools shall 
be managed, and the general control exercised by a board 
of trustees, (whose officers shall be a president and secretary 
who shall, and a treasurer, who shall not, be members of 
said board), to be chosen by the contributors or stockholders 
on the first Monday in May annually ; but no contributor 
or stockholder shall have more than five votes at the elec- 
tion of trustees ; and no religious test or qualification shall 
be required, to entitle any one to become a contributor, 
stockholder, trustee, professor or student in any of said 
schools."" 

Power of boards of trustees to receive, hold and use real and per- 
sonal estate. 

832. After the said schools shall have been recognized 
under the provisions of this act, it shall be lawful for them 
to receive, hold and use, under the direction of their trustees 
aforesaid, any devise, bequest, gift, grant or endowment of 
property, whether real or personal, which mav be made to 
them ; and the same shall be so applied by the trustees as 
shall, in the opinion of a majority of them, increase the ef- 
ficiency and usefulness of the said schools, subject, however, 
to any terms, conditions or restrictions which may be at- 
tached to such devise, bequest, gift, grant or endowment, 
not inconsistent with the spirit and purposes of this act ; 
and the said trustees shall have authoritv to bring suit in 
their name as trustees, and do all other things necessary for 
the recovery, use and application of the same.^ 

Trustees to make annual reports. Visitation. 

833. The trustees of each of said schools, after being 
recognized under the provisions of this act, shall annually 
in the month of October furnish, under oath or affirmation 
of the president of the board of trustees, to the superintend- 



3. Act May 20, 1857, Sec. 2, P. L. 581. 

4. Act May 20, 1857, Sec. 3, P. L. 581. 

5. Act May 20, 1857, Sec. 4, P. L. 581. 



396 COMMON SCHOOL LAW 

ent of common schools, a full account of its pecuniar}' con- 
dition, showing income and debts, if any, salaries and other 
expenses, and dividends declared, together with the number 
of students admitted and graduated, the branches taught, 
the apparatus procured, the improvements effected, and the 
changes made during the preceding year, and such other 
information as said superintendent of common schools may, 
from time to time, b}' his general circular to all of said 
schools, require to be furnished ; and each of said schools 
shall always be open to the visitation and inspection of said 
superintendent of common schools, and of the county super- 
intendents of all the counties within its normal school dis- 
trict.^ 

Suitable buildings and other requisites. 

834. To entitle it to the benefits and privileges of this 
act, each of said normal schools shall possess the following 
requisites : 

I. Suitable buildings as hereinafter provided, and an 
area of ground appurtenant thereto, of not less than ten 
acres in one tract, the whole of which shall be prepared and 
used as a place for gymnastic exercises and healthful racre- 
ation by students, except so much thereof as shall be neces- 
sarily occupied by the buildings, botanical and other gardens, 
and such other purposes as shall be plainly promotive of the 
great objects of the institution. ^ 

Hall, lodging rooms and refectories. 

835. II. The buildings shall contain a hall of sufficient 
size to comfortably seat at least one thousand adults, with 
class rooms, lodging rooms and refectories for at least three 
hundred students, all properly constructed and arranged as 
to light, heat and ventilation, so as to secure the health and 
comfort of the occupants, with proper provision for physical 
exercise during inclement weather.^ 



6. Act May 20, 1857, Sec. 5, P. L,. 581, as amended by act April 11, 1862, 

Sec. 15, P. L. 475- 

7. Act May 20, 1857, Sec. 6, P. L- 581. 

8. Act May 20, 1857, Sec. 6, P. L. 581. 



STATE NORMAL SCHOOLS 397 

Library for use of students. 

836. III. Each school shall contain a library room for 
the accumulation of books for the free use of the students, a 
cabinet for specimens and preparations, to illustrate the 
natural and other sciences, such apparatus and philosophi- 
cal instruments as are indispensable for the same purpose^ 
Professors. 

837. IV. Each school shall have at least six professors 
of liberal education and known ability in their respective de- 
partments, namely: — One of orthography, reading and elocu- 
tion ; one of writing, drawing and book-keeping ; one of 
arithmetic, and the higher branches of mathematics ; one 
of geography and history ; one of grammar and English 
literature, and one of theory and practice of teaching, to- 
gether with such tutors and assistants therein, and such 
professors of natural, mental and moral science, languages 
and literature, as the condition of the school and the num- 
ber of students may require. '° 

Principal. 

838. V. The principal of each normal school shall be a 
professor of such one of the six indispensable branches as 
may be assigned to him by the trustees, and he shall be 
charged with the whole discipline and interior government 
of the school, in conformity with such regulations as shall, 
from time to time, be adopted by the trustees, and approved 
by the state superintendent of common schools." 

Course of study. 

839. A meeting of the principals of the several normal 
schools, for the purpose of fixing a general course of study, 
and arranging other matters coming within their jurisdic- 
tion as a body, shall be called at Harrisburg, by the super- 
intendent of public instruction, whenever he shall deem it 
necessary, or upon a request so to do, made by three prin- 
cipals of state normal schools.'^ 



9 Act May 20, 1857, Sec. 6, P. L. 581. 

10. Act May 20, 1857, Sec. 6, P. L. 581. 

11. Act May 20, 1857, Sec. 6, P. L. 581. 

12. Act April 12, 1875, Sec. 10, P. L. 43. 



398 COMMON SCHOOL LAW 

Model schools. 

840. VI. Each school shall have attached to it one or 
more schools for practice, or model schools,with not less than 
one hundred pupils from the children of the vicinity, and so 
arranged that the students of the normal school shall there- 
in acquire a practical knowledge of the art of teaching under 
the instruction of their proper professors. '^ 
Qualifications for admission. 

841. VII. The qualifications for admission in, and the 
course and direction of the term of study in all the schools 
shall be such as shall be approved by and at a meeting of all 
the principals of the normal schools then recognized under 
this act ; such meeting to be called from time to time, as he 
may deem expedient, by the state superintendent of common 
schools, and to take place at one or other of the annual ex- 
aminations hereinafter provided for, except the first meet- 
ing, which shall be held at such time and place as he may 
indicate ; and at such meetings, the act of the majority of 
the principals shall be binding on all the schools in refer- 
ence to the qualification for admission and the course and 
term of study, when approved by the state superintendent 
of common schools."* 

Text books. 

842. VIII. The text books to be used in each of said 
schools shall be such as may be selected by its proper pro- 
fessors, with the approbation of the trustees thereof '^ 
Students admitted to schools on school district account. Exam- 
ination. 

843. IX, Each of said schools shall admit when re- 
quired, and retain during the whole term of study, if so long 
they behave themselves well, one student annually, alter- 
nately male and female, from each common school district 
within the counties composing its normal district, at a cost 
of not more than five dollars each for the term or quarter of 
eleven weeks, to be paid in advance by the board of directors 
sending them ; said students to be selected after public ex- 



13. Act May 20, 1857, Sec. 6, P. L. 581. 

14. Act May 20, 1857, Sec. 6, P. L. 581. 

15. Act May 20, 1857, Sec. 6, P. L. 581. 



STATE NORMAL SCHOOLS 399 

amination by said directors from amongst those, if males, of 
the age of sixteen or upwards, and if females, of not less than 
fourteen years, who manifest a desire and a capacity to exer- 
cise the profession of teaching, preference being always 
given to those of the best moral character, most studious 
habits and greatest proficiency in knowledge, but no one to 
be so admitted unless proficient in all the studies required 
for entrance into the normal schools by their general regu- 
lations, adopted under Article VII.* of this section.'^ 
Compensation from other students. 

844. X. Students other than those admitted on district 
account, to pay such sum for tuition as the trustees shall de- 
termine ; but in the admission of such students the prefer- 
ence always to be given to such as are designed for the pro- 
fession of teaching, and as between private and public stu 
dents, a like preference to be given to the latter in case of 
insufficiency of room to accommodate all who apply, and no 
difference in the charge for boarding and lodging to be made 
in favor of any class of students.''' 

When pupils from school district may be instructed in normal 
schools. Payment of expenses. Minutes. 

845. From and after the passage of this act it shall be 
lawful for the trustees of the state normal schools now 
within the Commonwealth of Pennsylvania, or that may 
hereafter be established within said Commonwealth, and the 
school directors of any school district to enter into an ar- 
rangement or agreement between such trustees and such 
school directors of such district by which the pupils of 
such school district, or any portion of them as may not be 
convenient to any school, may be instructed at any such 
state normal school, and the expense of such instruction 
shall be paid as may be agreed upon between the directors 
or controllers of such district and the trustees of any of said 
normal schools. Such action of the said school district or 
districts and the trustees of such state normal school shall 



* Supra 841. 

16. Act May 20, 1857, Sec. 6, P. L. 581. 

17. Act May 20, 1857, Sec. 6, P. L. 581. 



400 COMMON SCHOOL LAW 

be entered, respectively, upon the minutes of the said re- 
spective boards.'^ 
Admission of teachers from common schools. 

846. XI. Teachers who shall have taught a common 
school in their proper normal district during a full school 
term of their common school district next preceding their 
application, may be admitted for any term not less than one 
month into their proper norma!' school, at a charge for in- 
struction not to exceed two dollars per month, and shall pay 
the same price for boarding and lodging, if there be room 
for them, as other students, and shall have the same care and 
facilities for study in proportion to their advancement. '^ 

Examinations of graduating classes. Board of examiners. Ap= 
pointment of Board. 

847. All examinations of the graduating classes at the 
normal schools shall be conducted by a board, of which the 
superintendent of public instruction or his deputy shall be 
president, of two principals of the normal schools, of whom 
the principal of the school where the students are to be ex- 
amined shall be one, and not less than two nor more than 
six county, city, borough or township superintendents, to 
be appointed by the superintendent of public instruction. ^° 
Appropriation for expenses of board of examiners. 

848. The expenses incurred by the members of the 
several boards of examiners shall be paid by the state, as 
provided by existing laws, and the sum of two thousand 
dollars, or so much thereof as may be necessary, shall be 
annually appropriated for that purpose." All acts or parts 
of acts inconsistent herewith are herewith repealed."^ 
Manner of holding examinations. 

849. XII. The annual examinations shall take place 
in the presence of the superintendents of all the counties em- 
braced in the proper normal school districts." 



18. Act June 28, 1895, Sec. i, P. L- 412. 

19. Act May 20, 1857, Sec. 6, P. L- 581. 

20. Act April 23, 1895, Sec. i, P. L- 41. 

21. Act April 23, 1895, Sec. 2, P. L. 41. 
■21%. Act April 23, 1895, Sec. 3, P. L. 41. 

22. Act May 20, 1857, Sec. 6, P. L. 581. 



STATE NORMAL SCHOOLS 401 

Power to expel students attending school on district account. 

850. XIII. The faculty of each normal school shall 
have the power to expel any student attending on district 
account for improper conduct, which expulsion and the 
cause of it shall forthwith be certified in writing bv the 
principal to the directors of the district from which the ex- 
pelled student was admitted, whereupon such directors shall 
have the right to supply the vacancy thus created. ^^ 

Examinations of schools desiring to be admitted to the privileges 
of normal schools. 

851. When the trustees of any school desirous of claim- 
ing the privileges of this act shall make application to the 
state superintendent of common schools, it shall be the duty 
of the superintendent of common schools, together with 
four other competent and disinterested persons, to be chosen 
by him, with the consent of the governor, and all the super- 
intendents of the counties in the normal school district in 
which such school shall be situated, on receiving due notice 
from the department of common schools personally, and at 
the same time, to visit and carefully inspect such school ; 
and if, after thorough examination thereof, and of its by- 
laws, rules and regulations and of its general arrangement 
and facilities for instruction, they or at least two-thirds of 
them shall approve the same, and find that they fully come 
up to the provisions of this act, in that case and in no other 
they shall certify the same to the department of common 
schools, with their opinions that such school has fully com- 
plied with the provisions of this act, as far as can be done 
before going into operation under this act ; whereupon the 
state superintendent shall forthwith recognize such school as 
a state normal school under this act, and give public notice 
thereof in two newspapers in each county in the proper 
normal school district, and thenceforward this act shall go 
into full operation, so far as regards such school, without 
any further proceedings : Provided, however. As hereinbe- 
fore set forth, that no such notice shall be given until at 
least three other normal schools, in as many different nor- 
mal districts, shall have been similarly inspected, approved 
23. Act May 20, 1857, Sec. 6, P. L. 581. 



402 COMMON SCHOOL LAW 

and certified to the department of common schools ; and if 
npon due inspection any school so applying shall be found 
insufficient under this act, said board of inspectors shall so 
report to the superintendent of common schools, who shall 
thereupon inform the trustees thereof of such adverse re- 
port.^"* 

Proceedings where two or more schools make application. Visit- 
ation. 

852. If two or more schools apply in the same district 
to be recognized under this act at the same time, all of them 
shall be visited in the manner prescribed by the next pre- 
ceding section, and the one found to possess the largest and 
best accommodations and arrangements, to give effect to the 
purposes of this act, shall be preferred, and so certified if it 
fully come up to the requirements of this act ; and if two or 
more schools in the same district be found to possess equal 
accommodations and arrangements fully up to the require- 
ments of this act, in that case the one nearest to the centre 
of the proper normal district shall be preferred, and certified 
for recognition to the department of common schools ; and 
if one or more of the schools thus applying for recognition 
give notice to the department of common schools, with rea- 
sonable assurance that it or they are not now ready for in- 
spection under the seventh section of this act,* but will be 
within the term of six months from and after the date of 
such notice, in that case none of the applicant schools shall 
be inspected in such district till such time within said six 
months when all shall be prepared for inspection, when like 
proceedings shall take place as have been prescribed in the 
preceding part of this and the seventh section. ^^ 

Examination of candidates for graduation. Certificates of schoU 
arship. 

853. The board of principals who shall examine the 
candidates for graduation in any of the normal schools 
under this act, shall issue certificates to be signed by all of 
them to all such students of the full course as two-thirds of 



24. Act May 20, 1857, Sec. 7, P. L. 581. 
* Supra 851. 

25. Act May 20, 1857, Sec. 8, P. L. 581. 



STATE NORMAL SCHOOLS 403 

the board shall approve, setting forth expressly, the branches 
in which each have been fonnd dnly qnalified, which certifi- 
cates must embrace all the branches enumerated in the fourth 
article of the fifth section of this act,* including the theory but 
not including the practice of teaching, and may also em- 
brace any additional branches in which the graduate was 
found proficient ; actual teachers of common schools in 
good standing who shall produce satisfactory evidence of 
having taught in common [schools] during three full con- 
secutive annual terms of the districts in which they were 
employed, may also be examined at the same time and in 
the same manner with the regular students of their proper 
normal school, and if found equally qualified, shall receive 
certificates of scholarship of the same kind.^^ 
Certificates. Effect thereof. 

854. All the certificates granted under this section shall 
be received as evidence of scholarship to tlie extent set forth 
on the face of them, without further examination, in every 
part of the state. ^^ 

When additional certificate may be granted. 

855. Whenever the holder of any certificate under this 
section shall by study and practice, have prepared for exam- 
ination in any branches of study additional to those in such 
certificate, he or she may attend the annual examination of 
the normal school of the district, and if found dnly quali- 
fied, shall receive a new certificate, setting forth all the 
branches in which up to that time, he or she may have been 
found proficient ; and thenceforth such enlarged certificate 
shall also be evidence of scholarship to the extent of it in 
every part of the state without further examination.^^ 
When certificates of graduation shall be issued. Proof required. 

856. No certificate of competence in the practice of 
teaching shall be issued to the regular graduate of any of 
said normal schools, till after the expiration of two years 
from the date of graduation, and of two full annual terms 



* Supra 837. 

26. Act May 20, 1857, Sec. 9, P. L. 581. 

27. Act May 20, 1857, Sec. 9, P. L. 581. 

28. Act May 20, 1857, Sec. 9, P. L. 581. 



404 COMMON SCHOOL LAW 

of actual teaching in the district or districts in which such 
graduate taught, nor to any teacher who shall hold a full 
certificate of scholarship, without having been a regular 
student and graduate, unless upon full proof of three years 
actual teaching in a common school or schools, nor in either 
case without the production of a certificate of good moral 
conduct, and satisfactory discharge of the requisite duration 
of professional duty, from the board or boards of directors 
in whose employment the applicant shall have taught, 
countersigned by the county superintendent of the proper 
county or counties ; on the production of wdiich proof and 
not otherwise, a full certificate of competence in the prac- 
tice of teaching shall be added to the certificate of scholar- 
ship, and of theoretical knowledge of the science of teaching 
already possessed, to be received as full evidence of practical 
qualification to teach in any part of the state without hirther 
examination : Provided, however, That practical teachers 
who shall upon due examination, receive a certificate of 
scholarship, may at the same time receive a certificate in 
the practice of teaching, upon producing the required evi- 
dence of three years' previous experience in the art of teach- 
ing and of good moral conduct.^'' 
Normal school second diploma. 

857. Under the act of May 20, 1857, the necessary two 
years of actual teaching must be in Pennsylvania before a 
second diploma can be granted to a graduate of a normal 
school. If students go into other states to teach, Pennsyl- 
vania received no direct benefit, although she has contrib- 
uted liberally to their support. Of course, it is not within 
the power of the legislature to prevent graduates of our 
normal schools from going into other states to teach, but it 
can say that by so doing they forfeit the advantages which 
the law confers upon those teachers who give their services 
to our common schools.^" 

Number of vote* necessary to obtain a certificate or to graduate. 

858. No person shall graduate at a state normal school 
or receive a state certificate as a practical teacher, unless by 

29. Act May 20, 1857, Sec. 10, P. L. 581. 

30. Teachers' Certificate, 16 Pa. C. C. 403. 



STATE NORMAL SCHOOLS 405 

the affirmative vote of four out of five members of the board 

of examiners.^' 

Provisional certificates. Degree of scholarship. 

859. No temporary or provisional certificate nor cer- 
tificate of any less degree of scholarship than that required 
by the ninth section of this act, shall be issued by said 
board of principals nor by the faculty of any of said schools, 
but the principal of each of said schools may certify in 
writing, to the length of time which teachers may have at- 
tended under the eleventh article of the sixth section of this 
act,* and the manner of their deportment while in attend- 
ance^^ 

Duty of students who graduate on district account. 

860. The students who shall graduate on district ac- 
count in any of said normal schools, shall be liable to devote 
the next three years after their graduation, to the exercise of 
their profession as teachers in the common schools of the 
district which defrayed the expense of their professional in- 
struction, if so required by the respective boards of directors 
of such districts, and at the medium salary or compensation 
paid in such districts, and if not so required by their proper 
district, they shall devote said three years to the employ- 
ment of teaching in thecommon schoolsofsomeother district 
or districts, at such salary as may be given therein ; and 
each of said students before admission to the proper normal 
school, shall subscribe a written declaration of his or her in- 
tention to comply with the provisions of this section, which 
shall be deposited with the secretary of the board of direc- 
tors of the proper common school district.^^ 

Duty of superintendent. 

861. It shall be the duty of the superintendent of com- 
mon schools to prescribe all forms and to give all instruc- 
tions required for carrying this act into full effect on all 
points not herein set forth in detail, ^4 



31. Act May 12, 1875, Sec. 9, P. L. 43- 
* Stipra 846. 

32. Act May 20, 1857, Sec. 11, P. L- 581. 
2,3. Act May 20, 1857, Sec. 12, P. L. 581. 
34. Act May 20, 1857, Sec. 13, P. L. 581,' 



4o6 COMMON SCHOOL LAW 

When normal schools shall go into operation. 

862. As soon as a normal school, such as is contem- 
plated and described by theact^s to which this is a supplement, 
shall be in full operation in any of the districts created by said 
act,3^ f>nd shall have all the Requisites, and have been visited, 
approved and recognized in the mode directed by said act, 
then said act shall go into operation as fully and effectually, 
in regard to said school, as if the four schools thereby re- 
quired had been established and recognized : Provided, how- 
ever, That not more than one school in each district shall 
be recognized under this act.^^ ' ' 
Requisites for the establishment of a normal school. 

863. The requisites to entitle any school to the benefits 
of this act, or the one to which this is a supplement, as set 
forth in the sixth section thereof, are hereby altered in the 
following particulars, viz. : The pupils of the model school 
inay or may not be from the immediate vicinity of the nor- 
mal school with which it is connected, as in the discretion 
of the trustees thereof shall seem most expedient ;3'^ that the 
cost of the tuition of all classes of students, whether admitted 
on common school district account, private account, or 
whether they are actual school teachers, shall be fixed by 
the trustees of the several schools ;39 that the examination of 
students for graduation,'^" if only one school shall be in rec- 
ognized operation, shall be by the faculty thereof : if two 
schools shall be in operation, it shall be by the principals of 
both ; if three, it shall be by the principals of all, or at least 
two of them ; and when more than three shall be in opera- 
tion, the examination shall never be conducted by less than 
three principals, to be designated as prescribed by the twelfth 
paragraph of the sixth section of said act,"*' of whom the 
principal of the school whose students are to be examined 
shall be one : And provided. That these examinations shall 



35- 


Act May 20, 1857, P. L. 581. 


36. 


Supra, 828-829. 


37- 


Act April 15, 1859, Sec. i, P. L- 680 


38. 


Supra, 840. 


39- 


Supra, 843-844-845. 


40. 


Supra, 847-848-849. 


41. 


Supra, 849. 



I 



STATE NORMAL SCHOOLS 407 

in all cases be conducted in the presence of the superin- 
tendent of couiinon schools and the county superintendents 
of the proper district, if they desire to attend, upon receiv- 
ing due notice ; that the certificate to graduates shall em- 
brace such branches of learning, in addition to those of 
orthography, reading, writing, English grammar, geography 
and arithmetic, as shall be prescribed by the board of prin- 
cipals in accordance with the seventh paragraph of the sixth 
section of said act,^^ or by the principal of the first school 
recognized, so long as only one shall be in operation ; and 
the certificate shall be signed by all the examiners, if less, 
and by at least two-thirds of them, if more than three, and 
also by the whole faculty of the proper school, in every 
case.''^ 

State trustees. Appointment. 

864. The state superintendent shall appoint, on or be- 
fore the first Monday of May, annually, two citizens of each 
normal school district in which a normal school is in opera- 
tion, and which have received or shall receive any appro- 
priation from the state, to act as trustees on the part of the 
state, with all the rights and privileges of other trustees in 
the boards of trustees of the several normal schools : Pro- 
vided, That this act shall apply to such normal school asso- 
ciations as shall accept its provisions/'* 

State appropriation. 

865. For the support of the public schools and normal 
schools of this Commonwealth, for the two years com- 
mencing on the first day of June, one thousand nine hun- 
dred and five, the sum of eleven million one hundred thou- 
sand dollars. '♦s 

Allowance to students who agree to teach in the common schools. 

866. Out of the sum of eleven million one hundred 
thousand dollars hereby appropriated, there shall be paid for 
the education of teachers in the state normal schools the 



42. Supra, 841. 

43. Act April 15, 1859, Sec. 2, P. L. 680. 

44. Act February 15, 1872, Sec. i, P. L. 16. 

45. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 



408 COMMON SCHOOL LAW 

sum of four hundred and seventy-five thousand dollars, to 
be applied as follows : For each student over seventeen 
years of age, who shall sign an agreement binding said 
student to teach in the common schools of this state two 
full annual terms, there shall be paid the sum of one dollar 
and fifty cents a week, in full payment of the expenses for 
tuition of said students.'*^ 
Instruction of pupils drawing; an allowance. 

867. Each student in a state normal school drawing an 
allowance from the state nmst receive regular instruction 
in the science and art of teaching, in a special class devoted 
to that object, for the whole time for which such allowance 
is drawn ; which amount shall be paid upon the warrants 
of the superintendent of public instruction/'' 

Allowance of fifty dollars to graduates of normal schools. 

868. To each student who, during the school 5'ear 
commencing on the first Monday of June, one thousand 
eight hundred and sixty-six, shall have graduated at any of 
the normal schools of the state, and who shall sign an agree- 
ment, binding said student to teach, in the common schools 
of the state, two full years, there shall be paid the sum of 
fifty dollars/^ 

Graduates under seventeen years old not entitled to fifty-dollar 
allowance. 

869. The allowance of fifty dollars to graduates of nor- 
mal schools who agree to teach two years in the public 
schools cannot be paid to students who graduate under age 
of seventeen.'^'' 

Trustees and their powers. Election and appointment. 

870. The pecuniary and other affairs of each state nor- 
mal school shall be managed by a board of eighteen trustees, 
twelve elected by the contributors or stockholders, and six 
appointed by the superintendent of public instruction. 5° 



46. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 

47. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 

48. Act April II, 1866, Sec. i6, P. L- 73- 

49. In re Normal School, 5 D. R. 501, 1896. 

50. Act April 12, 1875, Sec. i, P. L. 43. 



STATE NORMAL SCHOOLS 409 

Elections of trustees by contributors or stockholders. 

871. The trustees on the part of the contributors or 
stockholders shall be elected from their own number, at a 
meeting to be held on the first Monday in May, annually.^' 
State trustees. Nomination and appointment. 

872. The contributors or stockholders shall, at the an- 
nual meeting, select and nominate to the superintendent of 
public instruction twice as many persons as are to be ap- 
pointed, from whom, if satisfactory to him, he shall appoint 
the required number to act in the board as trustees on the 
part of the state ; but if the nominations so made be not 
satisfactory to the said superintendent of public instruction 
he shall, with the advice and consent of the governor, 
choose others deemed more suitable.^^ 

First election and appointment. 

873. At the first annual meeting, after the passage of 
this act, of the contributors or stockholders of all normal 
schools now acting as state institutions, and at a meeting 
of the contributors or stockholders of all normal school 
associations applying to the proper authorities for recogni- 
tion as state normal schools, twelve persons shall be elected 
trustees on the part of such contributors or stockholders, 
four to serve for one year, four for two years, four for three 
years ; and thereafter only four persons are to be elected an- 
nually, to serve for three years ; and at the same time, said 
meetings of contributors or stockholders shall nominate 
twelve persons to the superintendent of public instruction 
from whom, if satisfactory, or if not, as hereinbefore directed, 
he shall appoint two trustees to serve for one year, two for 
two years, two for three years ; the nominations for all sub- 
sequent years being limited to four, and the appointments 
to two, to serve for three years.53 

Quorum. 

874. Seven trustees shall be necessary to constitute a 
quorum to do business ; and that after the approval pro- 



51. Act April 12, 1875, Sec. 2, P. L. 43. 

52. Act April 12, 1875, Sec. 3, P. L. 43. 

53. Act April 12, 1875, Sec. 4, P. L. 43- 



4IO COMMON SCHOOL LAW 

vided for in section seventh of the act of 1857,^4 all changes 
in by-laws and rules for regulating the proceedings of the 
board must be approved by the superintendent of public in- 
struction. '^s 

Powers and privileges of the two classes of trustees. 

875. The powers and privileges of the two classes of 
trustees in the board shall be the same ; but it shall require 
a three-fourths vote of all the trustees present at any meet- 
ing of the board to pass any motion or resolution on which 
the yeas and nays are called.* ^^ 

Meeting of board of trustees. Majority of trustees requisite t<» 
pass motions. 

876. So much of the sixth section of the act to which 
this is a supplement, '■^ as provides that it shall require a 
three-fourths vote of all of the trustees present at any meet- 
ing of the board to pass any motion or resolution on which 
the yeas and nays are called, be and the same is hereby re- 
pealed, except so far as relates to any motion or resolution 
for the sale of real estate belonging to the corporation, or 
for the purchase of real estate by the corporation, or for cre- 
ating any lien on said real estate by payment or mortgage, 
or for the expenditure of moneys appropriated by the state 
where such expenditure is not specifically designated by 
law, or for the surrender of the franchises of the corpora- 
tion : Provided, That at any such meeting a inajority of the 
whole board of trustees be present.s'^ 

Distribution of state appropriation. 

877. All state appropriations made directly to normal 
schools shall be distributed through a commission, consist- 
ing of the governor, the superintendent of public instruc- 
tion and the attorney general, on such conditions as shall 
protect the interests of the state, and to do exact and equal 
justice to the several schools ; and the conditions of all such 



54- 


Supra, 85. 


55- 


Act April 12, 1875, Sec. 5, P. L- 43. 




* Note—'$>^& Infra, 876. 


56. 


Act April 12, 1875, Sec. 6, P. L. 43. 


57. 


Supra, 875. 


58. 


Act March 24, 1877, Sec. i, P. L. 37 



STATE NORMAL SCHOOLS 411 

appropriations, when made to aid stndents in becoming 
teachers, shall be fixed by the law making them.^^ . 

Limitation of indebtedness. 

878. No institution shall hereafter be recognized as a 
state normal school with an indebtedness exceeding one- 
third of the value of the property belonging thereto, nor 
without being fully provided with buildings, furniture and 
apparatus as the law requires. ''° 

Bonded indebtedness may be refunded, increase of mortgage. 
Statement to auditor general. 

879. The several normal schools of the state of Penn- 
sylvania, by their trustees, be and they are hereby authorized 
and empowered to replace, upon the buildings and grounds 
of any of said schools or any part of the same, any mortgage 
that is or shall become due on or after the passage of this 
act, at a lower rate of interest, not to exceed five per centum 
per annum ; and to increase said mortgage to a sum not, in 
any event, to exceed fifty thousand dollars, for the payment 
of debts contracted by the trustees of such normal school 
prior to the time of the passage of this act : Provided, Said 
increase is for the purpose of paying loans and indebtedness 
heretofore contracted by said trustees for the erection of 
buildings and making of improvements to buildings and 
grounds : And provided, also. That an itemized and certified 
statement of the expenditures of said buildings and im- 
provements be first submitted to the auditor general, and be 
approved by him.^' 

Execution of bonds and mortgages. 

880. The bonds and mortgages of such school, hereby 
authorized, shall be signed by the president and attested by 
the secretary of the board of trustees, under the seal of the 
school, by the direction of the board of trustees, and shall 
be payable at such time as they may fix.^- 

59. Act April 12, 1875, Sec. 7, P. L. 43. 

60. Act April 12, 1875, Sec. 8, P. L. 43. 

61. Act May 22, 1901, Sec. i, P. L. 290. 

62. Act May 22, 1901, Sec. 2, P. L. 290. 



412 COMMON SCHOOL LAW 

Priority of lien. Exemption from tax. 

88 T. The said bonds and mortgages, to be so placed, 
shall be prior liens to all mortgages and liens of the Com- 
monwealth of Pennsylvania for money heretofore appro- 
priated to the said schools by the state of Pennsylvania ; 
and that said bonds and mortgages shall be and hereb}- are 
exempt from all taxes. ^-^^ 
No power to mortgage without special statutory authority. 

882. The trustees of a state normal school have no 
power to mortgage the school property in the absence of 
authority by special statute. The act of the 2 2d of May, 
1901, confers such power only for the purpose of refunding 
existing bonded indebtedness at a lower rate of interest.^'' 
Normal schools subject to mechanics' liens. 

883. V normal school incorporated for the purpose of 
training teachers for the public schools, and receiving rec- 
ognition and aid from the state under the act of May 20, 
1857, P. L. 581, is not a quasi public corporation, and its 
property is subject to mechanics' liens.^s 

Condemnation of real estate. Enlargement of school grounds. 
Bond. 

884. Whenever the board of trustees of any state nor- 
mal school of this Commonwealth deem it necessary to en- 
large the area of the real estate upon which the buildings 
of said normal school are erected, to meet the growing de- 
mands of said institution, including a campus, and cannot 
agree with the owner or owners of the land they wish to 
acquire, as to its purchase or occupancy, it shall be lawful 
for said board of trustees, on behalf of said normal school 
district, to enter upon and occupy sufficient ground for the 
purposes aforesaid, which they shall mark off, not exceeding 
two acres, and to use and occupy the same, for the purposes 
for which they desire to use and occupy the same in con- 
nection with the said school ; and for all damages done for 
the taking of the same, for the purposes as aforesaid, the 



63. Act May 22, 1901, Sec. 2, P. L. 290. 

64. School Boards, 11 D. R. 134, 1902. 

65. McLeod vs. Normal School, 152 Pa. 575, 1893. 



i 



STATE NORMAL SCHOOLS 413 

trustees of such uormal school district shall give bond, with 
security approved by the court of common pleas of the 
county in which such lands are situated, conditioned for the 
payment of such damages when the same shall be agreed 
upon by the parties or assessed according to law, which 
bond shall be filed in said court, for the use of the person 
interested.^^ 
Petition. Appointment of viewers. 

885. The court of common pleas of the county in which 
said normal school is located, on application thereto by peti- 
tion, either by said normal school district by its president 
or secretary, they being instructed by their board so to do, 
or by the owner or owners of said lands, in behalf of all to 
appoint a jury, consisting of three disinterested citizens of 
said county and appoint a time, not less than thirty days 
thereafter, for said viewers to meet upon said land, of which 
time and place at least ten days' notice shall be given by 
petitioner to the said viewers and the other party.'''' 
Viewers to be sworn. 

886. The said viewers or any two of them having first 
been duly sworn or affirmed faithfully, justly and impar- 
tially to decide and a true report to make concerning all mat- 
ters to be submitted to them in the premises.^^ 

The view. Estimate of damages. Report. 

887. Having viewed the ground, they shall estimate 
and determine the quantity and value of said land so taken, 
to be used for the purposes aforesaid ; and after having made 
a just and fair comparison of the advantages and disadvan- 
tages, they shall estimate and determine whether any, and, 
if any, what amount of damages has been or may be sus- 
tained, and to whom payable, and make report thereof to 
said court ; and if damages be awarded, and the report be 
confirmed by the said court, judgment shall be entered 
therefor; and if the amount thereof be not paid within 
thirty days after the entry of said judgment, execution to 



66. Act July 10, 1901, Sec i, P. L,. 632. 

67. Act July 10, 1901, Sec. 2, P. L. 632. 

68. Act July 10, 1901, Sec. 2, P. L. 632. 



414 COMMON SCHOOL LAW 

enforce payment shall be had as in other similar cases ; 
Provided, That either party shall have the right to have re- 
viewers appointed by said court.^ . 
Compensation of viewers. 

888. Each viewer shall receive three dollars per day for 
each day necessarily employed in said view or review.^ 
Appeal from report of viewers. 

889. Each party shall have the right to appeal from 
the report of said viewers or reviewers to the court of com- 
mon pleas, within thirty days after the filing of such report, 
and the same" shall be tried by a jury as in similar cases.^' 
Costs. By whom paid. 

890. The cost of the first view shall be paid by the 
party condemning the property ; the cost of the review or 
appeal shall be paid by the party losing the controversy."^ 
Eminent domain. Extension of corporate privileges. 

891. This is a proceeding under the act of July 10, 
1 90 1, P. L. 632, authorizing the condemnation of real es- 
tate needed for the use of state normal schools. The prayer 
of the petition is that the title to the real estate within the 
boundaries set forth be declared to be in the petitioner freed 
from any easement or right of wa}^ over the premises on ac- 
count of the location of streets and alleys thereon. 

In 1873 L. W. Morgan laid out an addition to the 
town of California outside of the borough limits. The land 
included in the plan was divided into thirty-six lots with 
streets and alleys connected therewith. A copy of the plan 
of lots was recorded in the office of the recorder of deeds of 
the county. The petitioner purchased a block of twelve of 
these lots prior to July, 1901. The otlier lots were sold to 
different persons. The plan of lots attached to the petition 
shows that a street fifty feet wide extends from the Monon- 
gahela River through the middle of the whole block of lots 
and connects with a public road. The Monongahela River 



69. Act July 10, 1901, Sec. 2, P. L. 632. 

70. Act July 10, 1901, Sec. 2, P. L. 632. 

71. Act July 10, 1901, Sec. 2, P. L. 632. 

72. Act July 10 1901, Sec. 3, P. L- 632. 



J 



STATE NORMAL SCHOOLS 415 

Consolidated Coal and Coke Company owns the six lots 
nearest to the Monongahela River and C. W. Yarnell owns 
three lots near the middle of the block, all of which lots 
front on the street referred to. The coal and coke company 
has a coal tipple, a coal siding, several houses and other im- 
provements on its lots adjoining the river and the only out- 
let it has to any public road is over this street Access is 
also had to the Yarnell lots by the same means. The town- 
ship authorities never formally accepted the street, but it 
was used by the owners of the lots abutting thereon and by 
the public as a highway for more than twenty-one years 
prior to the passage of the act of 1901. The petitioner is 
the owner by purchase of lots Nos. 10 to 15 fronting on one 
side and Nos. 28 to 33 fronting on the other side of this 
street. The object of the present proceeding is to close that 
part of the street and the alleys connected therewith on 
which these lots front in order that the petitioner may have 
exclusive^ possession of the street to be used in connection 
with the grounds occupied as a campus. 

It is not claimed that prior to the act of 1901 a normal 
school had the right of condemnation now set up. That act 
provides that when the board of trustees of any state normal 
school deems it necessary " to enlarge the area of the real 
estate upon which the buildings of such normal school are 
erected " and cannot agree with " the owner or owners of 
land they wisli to acquire as to its purchase or occupancy," 
they may enter upon and occupy sufficient ground for the 
purpose '' which they shall mark off not exceeding two 
acres." The second section of the act provides for the ap- 
pointment of view^ers who, after having viewed the ground 
*' shall estimate and determine the quantity and value of 
the said land so taken to be used for the purposes afore- 
said." 

If we concede that the act is a valid investiture of state 
normal schools with power to condemn real estate, without 
an express limitation of the land so condemned to pub- 
lic use, such legislation being in derogation of private 
rights should be strictly construed. " No lax construction 
of the grants to corporations is required against public in- 



41 6 COMMON SCHOOL LAW 

terest and individual rights :" Cake vs. Philadelphia and 
Erie Railroad Co., 87 Pa. 307. Acts extending corporate 
privileges are to be construed most strongly against the 
company setting them up and whatever is not unequivo- 
cally granted must be taken to be withheld : Pennsylvania 
Railroad Company's Appeal, 93 Pa. 150 ; GrofF's Appeal^ 
128 Pa. 621. The power must be given in plain words or 
by necessary implication. All powers not given in this 
direct and unmistakable manner are withheld : Com. vs. E. 
& N. E. R. R. Co., 27 Pa. 351. 

Does then the act of 1901 authorize the proceeding now 
sought to be enforced ? An inspection of the statute makes 
it very clear that in legislative contemplation the "ground" 
or ''land" to be taken was other than the land of the peti- 
tioner, and that the subject of condemnation was "ground" 
or " land." A method was thereby established for securing 
a limited enlargement of the "area of the real estate upon 
which the buildings of the said normal school are erected." 
A bond is required to be approved by the court of common 
pleas of the county "in which such lands are situated ;" and 
the viewers are to determine "the quantity and value of the 
said land so taken." 

In the case under consideration the petitioner is already 
the owner of the land upon which the highway is located 
and seeks by this proceeding not to condemn the land of 
another owner but a public right of way over its own land. 
That a right of way may be appropriated is undoubtedly 
true, but our attention has not been called to any case in 
which a right of way has been taken except in connection 
with the land over which the right of way exists. 

We agree, therefore, with the conclusion of the learned 
judge of the court below that the act of 1901 does not 
authorize the act sought to be accomplished in this case. 

There is another objection to the proceeding, however, 
which we regard as insuperable. The attempt is to appro- 
priate a public street without any apparent necessity so to 
do. It was held in Heckerman vs. Hummel, 19 Pa. 64, 
that the dedication of streets and alleys in laying out a plan 
for a town is a contract with the public, and in Quicksall 



STATE NORMAL SCHOOLS 417 

VS. Philadelphia, 177 Pa. 301, that the sale of lots according 
to a plan which shows them to be on a street implies a grant 
or conveyance to the purchaser that the street shall be for- 
ever open to the public, and operates as a dedication of it 
to public use. The right to the purchaser is not the mere 
right that he may use the street, but that all persons may 
use it. Where one conveys lots according to a plan which 
shows them to be on streets, he must be held to have stamped 
on them the character of public streets : In re Opening of 
Pearl Street, 1 1 1 Pa. 565. The same doctrine was reasserted 
in Woodward vs. Pittsburg, 194 Pa. 193. 

The " easement " which the petitioner seeks to con- 
demn is a public street, made so not only by the dedication 
of the owner of the land who established the plot and sold 
lots in accordance therewith, but also by continuous use by 
the public for more than twenty-one years. That franchises 
are subject to eminent domain has been determined in 
numerous cases, but it is as certainly declared that they 
cannot be taken without authority clearly expressed or by 
necessary implication. It was held in Pittsburg Junction 
R. R. Co.'s Appeal, 122 Pa. 511, that while a franchise is 
property, and as such may be taken by a corporation having 
the right of eminent domain, yet in favor of such right there 
can be no implication unless it arises from a necessity so 
absolute that without it the grant itself would be termi- 
nated. It must also be a necessity that arises from the very 
nature of things over which the corporation has no control. 
It must not be a necessity created by the company itself 
for its own needs or for the sake of economy To the same 
effect is Groff's Appeal, supra ; Cake vs. P. & E. R. R. 
Co., supra ; Stormfeltz vs. Manor Turnpike Co., 13 Pa. 555. 

In the case of a street or highway, however, something 
more than necessity is required to authorize ah appropria- 
tion. A public street is a public franchise, and is not such 
property as a corporation may take for its own use under 
the general power of eminent domain. It is a franchise 
which cannot be violated except by express legislative 
authority : Pa. R. R. Co.'s Appeal, supra. No direct legis- 
lative grant authorizes the appellant to appropriate the 



4l8 COMMON SCHOOL LAW 

street, nor, if the subject were a private franchise, has any 
absolute necessity for its condemnation been disclosed. We 
are therefore of the opinion that the authority asserted does 
not exist, and that the •conclusion of the learned judge of 
the court was correct. ''^ 

Officers of institutions receiving state aid shall not sell or furnish 
supplies. Misdemeanor. Fine and penalty. 

892. No officer or member of the board of managers of 
an institution, at a time when said institution is receiving 
state moneys from legislative appropriations, to furnish sup- 
plies to such institution, either by direct sale or sale through 
an agent or firm, or to act as an agent for another in so fur- 
nishing supplies. Any person who may violate any of the 
provisions of this act shall be guilty of a misdemeanor, and 
upon conviction therefor shall be punished by a fine not 
exceeding five hundred dollars, or by imprisonment not ex- 
ceeding one year, or both fine and imprisonment at the 
discretion of the conrt.'''^ 

Manager or trustee of an institution receiving state aid forbidden 
to sell or furnish supplies to students. 

893. Attorney General Carson said : — 

'' I have considered your request for an opinion upon 
the following facts : 

" You state that there is connected with the state nor- 
mal school at Millersville a store, for which a license is paid 
to the county. In this store, in addition to books, a num- 
ber of articles are kept to sell to students and others. Among 
the miscellaneous articles are school pins, alumni badges, 
and literary society pins. These pins and badges are sold 
to students and others at a small profit, they having been 
purchased from a jeweler who is one of 5^our trustees. 

"You ask whether the Act of April 23, 1903, P. L. 
285, prohibits him from selling these articles to the stores 
in the future ; and you state that it occurs to you that gold 
and silver pins cannot properly be classed as school sup- 
plies, and you are anxious to make no mistake in the 
matter. 



73. South Western State Normal School, 26 Pa. Superior Ct. 99, 1904. 

74. Act April 23, 1903, P. L. 285. 



STATE NORMAL SCHOOLS 419 

"I appreciate the candor and spirit of your inquiry, 
and also the desire of the manager or trustee to do nothing 
which the law forbids. 

" The relation of the institution to the store is not 
stated with precision, but I take it that the institution 
maintains and conducts the store, purchasing the articles 
dealt in and selling them to the students. I do not perceive 
any authority for this ; but as long as the institution con- 
ducts the store, I am satisfied that it belongs to the institu- 
tion, and thetefore constitutes a part of it. It cannot be 
run as an individual enterprise. As long as it exists, it 
must be regarded substantially as the institution itself 
Hence, the sale to the store of articles dealt in must be 
viewed as a sale to the institution itself 

" The first section of the Act of April 23, 1903, declares 
that ' It shall not be lawful for any officer or member of the 
board of managers of an institution, at a time when said in- 
stitution is receiving state moneys from legislative appro- 
priations, to furnish supplies to such institution, either by 
direct sale or sale through an agent or firm, or to act as an 
agent for another in so furnishing supplies.' 

" The violation of the provisions of the act constitutes 
a misdemeanor, punishable by a fine or imprisonment, or 
both, at the discretion of the court. 

" This is a penal statute and must be construed 
strictly. In the case of Trainer vs. Wolfe, 140 Pa. 279, a 
question arose under the 66th section of the Act of March 
31, i860, P. L, 382, by which members, officers and agents 
of any corporation or public institution were forbidden to 
be interested ' in any contract for the sale or furnishing of 
any supplies or materials ' to be furnished to or for the 
use of such corporation or institution. It was held that as 
the act made no mention of the purchase of real estate and 
was a highly penal statute, it could not be extended by im- 
plication beyond its precise meaning, so as to apply to the 
purchase by a school board of real estate in which one of 
the directors was interested. 

"Giving the act under consideration the strictest con- 
struction, I am of the opinion that it is unlawful for the 



420 COMMON SCHOOL LAW 

manager or trustee to sell anything — whether in the nature 
of badges, pins, class devices or otherwise — to the store. 
The sale is to the institution. The resale to the students 
does not change the character of the original act. The pur- 
pose of the law was to forbid a manager from maintaining 
a pecuniar}^ or business or creditor relation to the institu- 
tion of which he is an officer. Whether he makes a profit 
or not is not the question, or whether the institution makes 
a profit or not is not the question, or whether the conven- 
ience of students is promoted or not is not the question, nor 
is it even a question whether the state, directly or indirectly, 
gains or loses or is unaffected by the transaction. The act 
is aimed at the suppression and extinction of the business 
relation of the manager to the institution. 

" The word 'supplies,' while generally supposed to mean 
sustenance, which is food, fuel, bedding or articles of daily 
necessity, has a broader meaning. It may mean the act of 
supplying what is wanted or that which is supplied ; means 
of bringing relief; sufficient for use or need ; a quantity of 
something supplied or on hand ; a stock ; a store : Century 
Dictionary. 

"If it be convenient to furnish class pins to students, 
it would be equally so to furnish bats, balls, tennis rackets, 
golf clubs, hats, caps, trousers, knee caps, shoes, sneakers, 
sweaters, boxing gloves, foils, etc., until the list of articles 
dealt in comprised almost everything sought or likely to be 
sought by students of varied tastes and demands. The only 
safe course is to buy nothing from a manager, or to close 
the store and thus compel the students to do their own pur- 
chasing direct." ^s 
State may purchase real estate of normal school in certain cases. 

894. In case the real estate of any state normal school, 
upon which the state has a lien or liens by mortgage, shall 
be exposed to sale by judicial process, it shall be lawful for 
the governor, superintendent of public instruction and at- 
torney general, or a majority of them, if in their opinion the 
interests of the state will thereby be promoted, to cause a 
bid or bids to be made on behalf of the state at any such 

75. Public Institutions, 13 D. R. 341, 1903. 



STATE NORMAL SCHOOLS 42 1 

sale for such sum or sums of money as may in their judg- 
ment be necessary to secure and protect the interests of the 
Commonwealth, the title, in case the property shall be 
struck down at their bid, to be taken in the name of the 
Commonwealth : Provided, That in no case shall such bid 
or bids exceed the amount of said lien or liens, together with 
prior liens, if any such exist. ^^ 

Return of sale made to auditor general. 

895. In case any real estate shall at any such sale be 
struck down on the bid of the officers aforesaid, they shall 
make return of their action in the premises to the auditor 
general, who, upon passing the account, shall give a certifi- 
cate of the fact and amount payable out of any appropria- 
tion made or to be made for that purpose. -"^ 

Appropriation to pay purchase money. 

896. There shall be and hereby is appropriated, to be 
paid out of any moneys in the treasury-not otherwise ap- 
propriated, such sum or sums as may be required to meet 
the bids of said officers, upon the amount being returned to 
and passed by the auditor general as aforesaid.''^ 

Insurance money to be held in trust. 

897. All moneys received or that may hereafter be re- 
ceived by the Commonwealth from any insurance policy or 
policies upon buildings belonging to any of the state nor- 
mal schools, shall be held by the state treasurer in trust for 
the repairing and rebuilding of the part covered by such in- 
surance policy or policies, tinder direction of the trustees of 
such normal school. ''^ 

Insurance money to be used for repairing and rebuilding. 

898. When the trustees of any normal school, whose 
buildings, insured for the use of the state, have been injured 
or destroyed by fire, shall have repaired or rebuilt the part 



76. Act Tune 4, 1879, Sec. i, P. L. 89. 

77. Act June 4, 1879, Sec. 2, P. L. 89. 

78. Act June 4, 1879, Sec. 3, P. L. 89. 

79. Act June 3, 1885, Sec. i, P. L. 71. 



422 COMMON SCHOOL LAW 

covered by such insurance policy or policies, and shall sat- 
isfy the board of public instruction consisting of the gov- 
ernor, attorney general and superintendent of public in- 
struction, that the amount of insurance money received by 
the state has been expended on such repair or rebuilding, 
the superintendent of public instruction shall draw his war- 
rant in favor of said normal school for the amount of such 
insurance money or for such part thereof as the said board 
of public instruction shall be satisfied has been expended on 
such repair or rebuilding, and the state treasurer is author- 
ized and required to pay said warrant out of the insurance 
money thus received.^" 



80. Act June 3, 1885, Sec. 2, P. L. 71. 



CHAPTER XXXVI. 

SCHOOL FOR CORNPLANTER INDIANS. 

PAGE. 

899. Preambles 423 

900. Appropriation for schools among Cornplanter Indians 423 

901. Provision for the erection, furnishing and equipment of school 

house on Cornplanter Indian lands. Preambles 424 

902. Commission to be appointed by governor 424 

903. Plans for the erection of a school building.... 425 

904. Contract 425 

Preambles. 

899. Whereas, The general assembly by enactments of 
eighteenth of April, one thousand eight hundred and fifty- 
six, ' and its supplements of tenth of February, one thousand 
eight hundred and seventy-two,^ and twelfth of April, one 
thousand eight hundred and seventy-eight,^ and the seventh 
day of July, one thousand eight hundred and eighty-five, '^ 
and the third day of July, one thousand eight hundred and 
ninety-five,5 and supplement thereto on the twenty-second 
day of July, one thousand eight hundred and ninety-seven, ^ 
has established schools and made appropriation for the en- 
couragement of education among the Cornplanter Indians, 
of Warren county ; 

And whereas. The appropriation provided for expires 
on the first Monday of June, one thousand nine hundred and 
five, and it is deemed wise to extend further aid on the part 
of this Commonwealth for the maintenance of said schools 
and the encouragement of education among said Cornplanter 
Indians ; therefore. 
Appropriation for schools among Cornplanter Indians. 

900. That the annual sum of five hundred dollars be 
and the same is hereby appropriated, out of any money in 
the treasury not otherwise appropriated, to be paid to the 
county superintendent of schools of Warren county, on war- 

Note—\. P. Iv. 410. 

2. P. L. 100. 

3. P. Iv. 17- 

4. P. Iv. 263. 

5. p. L. 544- 

6. P. L. 402. 



424 COMMON SCHOOL LAW 

rant drawn on the state treasurer by the state superintend- 
ent of public instruction ; which money shall be disbursed 
by the said superintendent of Warren county, in such man- 
ner as shall best promote the cause of education among the 
Cornplanter Indians : Provided, That this act shall only 
continue in force for the period of ten years, and shall termi- 
nate on the first Monday of June, one thousand nine hun- 
dred and fifteen. 7 

Provision for the erection, furnishing and equipment of school 
house on Cornplanter Indian lands. Preambles. 

901. Whereas, In the year one thousand seven hun- 
dred and ninety-six the Commonwealth of Pennsylvania 
made a grant of land, located on the west side of the Alle- 
gheny river, in what is now Warren county, to the Indian 
Chief Cornplanter, of the Seneca tribe, this grant being made 
to said Cornplanter and his descendants to provide them 
with a home, and in consideration of the friendship to and 
great services of the said Cornplanter to the white settlers 
of Western Pennsylvania ; 

And whereas, Since the year one thousand eight hun- 
dred and fifty-six, the Commonwealth of Pennsylvania has 
maintained a school upon said land for the children of the 
descendants of said Cornplanter, this school now containing 
about thirty children of these descendants ; 

And whereas. The school house, built many years ago, 
has become dilapidated and unfit for use ; 

And whereas. There is no suitable place within. a dis- 
tance of three or four miles for a teacher to board, making 
it desirable if a new school building is erected that it con- 
tain living apartments for the teacher : — 
Commission to be appointed by governor. 

902. That a commission shall be appointed, consisting 
of three persons, residents of Warren county, Pennsylvania, 
who shall serve without compensation, but shall be allowed 
necessary expenses, and who shall be appointed by the gov- 
ernor.^ 



7. Act April 10, 1905, P. L. 124. 

8. Act April 13, 1903, Sec. i, P. L. 169. 



SCHOOL FOR CORNPLANTER INDIANS 425 

Plans. 

903. Said commissioners shall prepare plans for the 
erection of a suitable school building, of either wood or 
brick as they shall decide, containing at least one suitable 
school room, and at least three apartment rooms for the use 
of a teacher, on the school house lot of the Cornplanter 
Indian lands, and such articles of furniture and equipment 
as they deem necessary ; and after said plans have been ap- 
proved by the superintendent of public instruction, said 
commissioners shall advertise for two weeks in two news- 
papers in the county of Warren, for proposals for the erec- 
tion, furniture and equipment of said school house, and shall 
let the erection and the furnishing and equipment to the 
lowest responsible bidder or bidders.^ 

Contract. 

904. For the erection, furnishing and equipment of 
this building, the cost shall not exceed three thousand dol- 
lars; and the sum of three thousand dollars, or so much 
thereof as is nectssary, is hereby specifically appropriated 
therefor ; one-half of said appropriation to become available 
when the said commissioners shall file with the auditor gen- 
eral a copy of the plans for the building, furniture and 
equipment, approved by the superintendent of public in- 
struction, together with contracts, in writing, in satisfactory 
form, executed by responsible contractors, with good and 
sufficient sureties for the entire erection, furnishing and 
equipment of said building ; and the final payment of this 
appropriation shall be made upon the affidavits of at least 
two of said commissioners that the work has been completed, 
and the furniture and equipment installed, in full compli- 
ance with the plans on file with the auditor general.'" 



9. Act April 13, 1903. Sec. 2, P. L. 169. 
10. Act April 13, 1903, Sec. 3, P. L. 169. 



CHAPTER XXXVII. 

MISCELLANEOUS. 

PAGE. 

905. Appointment of trustee of property conveyed by academy to 

common school district 426 

906. Duties of trustee 427 

907. Bond of trustee 427 

908. Account 428 

909. Removal of trustee 428 

910. Independent school districts 428 

911. Independent school districts abolished 428 

912. When act to take effect. Proceedings to continue independ- 

ent school districts 429 

913. How rights of property are to be determined. Notice 429 

914. Notice 429 

915. Report of commissioners 430 

916. In reporting a new district, the commissioners should annex 

a draft 43° 

917. Duties of assessors 431 

918. Election of school directors in independent districts 431 

919. How independent school districts maybe formed 432 

920. Proceedings upon erection of new independent school dis- 

tricts 432 

921. Duties of county commissioners 433 

922. Construction of Act May 8, 1855, P. L. 509. Court may vacate 

decree erecting independent school district 434 

923. When certain independent school districts created by courts 

of common pleas may be abolished 434 

924. When other independent school districts may be abolished. 

Disposition of property 435 

925. Elections in independent school districts regulated 435 

926. Abolition of independent school districts created by the courts 

of quarter sessions 436 

927. Reversion of property 436 

928. Application of Act of April 22, 1903, P. L. 237 437 

929. Repeal 437 

930. Against formation of independent school districts 437 

931. Liquor license money payable to school districts 437 

932. Penalties recovered for trespass upon private property to be 

paid to the school fund 438 

933. Fine and penalty 438 

934. Penalties payable to the school fund 438 

Appointment of trustee of property conveyed by academy to com- 
mon school district. 

905. lu all cases where the trustees of any academy or 

seminary in this Commonwealth, which received money or 

land therefrom for educational purposes, have conveyed the 

real estate, buildings and property, and funds of, or belong- 



MISCELLANEOUS 427 

ing thereto, to the board of directors, and their successors 
in office, of the common schools of the district in which the 
main building thereof was situated, in pursuance of the 
authority contained in section sixteen of the act of April 
eleven, one thousand eight hundred and sixty-two, and when 
the amount or value of such estate, real or personal, still 
remaining unused and unexpended by the said school dis- 
trict, exceeds ten thousand dollars ($10,000), it shall be the 
duty of the court of common pleas of the proper county, 
upon the petition of the majority of the board of school 
directors of said school district, presented for that purpose, 
to appoint a suitable person as trustee of said estate thus 
transferred and still remaining unexpended, who shall re- 
ceive the same.' 

Duties of trustee. 

906. It shall be the duty of said trustee so appointed 
to collect the money due upon the securities and convert 
the stock into money, if deemed for the best interest of the 
district, and invest and keep invested, from time to time, 
all moneys received or collected at interest in bonds or 
mortgages upon real estate, or in the interest-bearing debt 
of the state or of the United States, as may be approved by 
said court, and pay over the interest or income thereof reg- 
ularly to the treasurer of said school district for the purposes 
aforesaid, first deducting therefrom all reasonable expenses 
attending the execution of the trust, including a compensa- 
tion to said trustee not exceeding four per cent upon the 
income received,* 

Bond of trustee. 

907. Before the said trustee or his successors in the 
trust shall receive any part of said money, securities or 
stocks, he shall give bond to said district in such sums and 
with such sureties as shall be approved by said court, con- 
ditioned for the faithful performance of all duties pertaining 
to said trust and paying and delivering over to his successor 



1. Act June 10, 1881, Sec. i, P. L. 119. 

2. Act June 10, 1881, Sec. i, P. L. 119. 



428 COMMON SCHOOL LAW 

therein or other party legally entitled to receive the same 
all moneys and securities received and held by him as trus- 
tee.3 

Account. 

908. The trustee shall, on the first day of the first term 
of each year, exhibit to said court a full, true and correct 
account in writing, under oath, of his management of said 
trust fund, how and in what securities the same is invested, 
and the rates of interest received thereon, which account, 
when examined and approved by the said court, shall be 
filed with the records thereof"* 

Removal of trustee. 

909. The court shall also have the power, at any time 
upon sufficient cause shown, to remove said trustee or re- 
quire of him additional sureties for the performance of his 
trust, and shall, whenever and as often as a vacancy occurs 
by reason of such removal, or the death or resignation of 
said triistee, appoint a suitable person as his successor ; and 
said trustee shall in all respects be subject to the control and 
jurisdiction of said court, in like manner as other trustees 
under existing laws.s 

Independent school districts. 

910. That all former acts, and parts of acts, relative to 
the common school system which are supplied by or are in- 
consistent with the provisions of this act, and all laws re- 
lating to or creating independent districts, or authorizing 
the establishment of sub-districts, and the appointment of 
committees, are hereby repealed.^ 

Independent school districts abolished. 

911. Be it enacted by the senate and house of. repre- 
sentatives of the Commonwealth of Pennsylvania in gen- 
eral assembly met, and it is hereby enacted by the authority 



3. Act June 10, 1881, Sec. 2, P. L. 119. 

4. Act June 10, 18S1, Sec. 2, P. L. 119. 

5. Act June 10, 1S81, Sec. 2, P. L. 119. 

6. Act May 8, 1854, Sec. 52, P. L. 617. This section extinguished all 

sub-districts that had been formed before its passage. Conley vs. 
Directors West Deer Twp., 32 Pa. 194, 1858. 



MISCELLANEOUS 429 

of the same, That so much of the act^^ to which this is a 
supplement, as abolishes independent districts at present es- 
tablished under special acts of assembly, shall not take ef- 
fect until the first day .of June, one thousand eight hundred 
and fifty-six. 7 

When act to take effect. Proceedings to continue independent 
school districts. 

912. That the continuance of independent districts be- 
yond the period named in the foregoing section, may be al- 
lowed, when on the application of the directors of any such 
district to the judges of the court of common pleas of the 
county in which any portion of said district may be located, 
setting forth the necessity for its continuance, the said 
judges may, after careful consideration, decree the same.* 
How rights of property are to be determined. Notice. 

913. In all cases where the said court shall refuse to 
allow a further continuance of any such district, they shall 
be authorized and required, also, to determine the rights 01 
property vested in the several school boards in any such 
district, and make proper disposition of the same : Pro- 
vided, That the board of school directors of the townships 
out of which any such applying independent school district 
may be formed, shall have received ten days' notice of the 
proposed application, and of the time and place of hearing.^ 
Notice. 

914. That act does not indeed require, in express terms, 
that the commissioners shall give notice of the time and 
place, when and where they will proceed to inquire into the 
expediency of establishing the new municipal division. But 
the public interests, as well as justice to individuals, so ob- 
viously require that such notice should be given, that it has 
always been held that the want of it is fatal to the proceed- 
ings : Bethel Township, i Pa. 97 ; Norwegian Township, 
20 Pa. 324. It is quite as necessary that this should appear 



ey.. Act May S, 1854, Sec. 52, P. L. 617. 
7. Act May 8, 1855, Sec. i, P. L. 509. 
S. Act May 8, 1855, Sec. 2, P. L. 509. 
9. Act May 8, 1855, Sec. 2, P. L. 509. 



430 COMMON SCHOOL LAW 

affirmatively, as that it should appear that a party has had 
his day in court. Every division of a township or school 
district may affect seriously the interests of the inhabitants, 
and they have, therefore, a natural right to be heard in the 
matter.'" 

Report of commissioners. 

915. The requisites of a proceeding to form an inde- 
pendent school district are, in most respects, the same with 
those necessary to erect a new township. The commis- 
sioners are not indeed confined to the consideration of the 
precise geographical division for which the petitioners ask, 
and perhaps it is not indispensable, as it is in a proceeding 
to erect a new township, that the order should contain an 
express and explicit direction to inquire into the propriety 
of granting the prayer of the petition, for it is not distinctly 
required by the act of assembly. And besides, such an in- 
quiry is of no consequence ; for, as has been said, they may 
set off a new district, according to different bounds from 
those proposed in the petition, and they are to report their 
opinion on the expediency of a district with the limits 
which they select. But in all other respects the law requires 
that the proceedings upon the petition, commission and re- 
port, and the final disposition thereof, shall be according to 
the act of assembly relative to the erection of new town- 
ships." 

In reporting a new district, the commissioners should annex a 
draft. 

916. It is incumbent upon the commissioners to annex 
a draft to their report, exhibiting both the lines of the inde- 
pendent districts from which it is taken, in order to display 
the relation which the new district sustains to the old. The 
5th section of the act of 8th of May, 1855, does not stop 
with the provision that the commissioners shall report the 
lines adopted for the new district, but adds that " the pro- 
ceedings upon which petition, commission and report, and 
the final disposition thereof, shall, in all other respects, be 



10. Independent School Dist. in Sewickley Township, 33 Pa. 297, 1858. 
Clearfield Independent School District, 79 Pa. 419, 1875. 

11. Independent School Dist. in Sewickley Township, 33 Pa. 297, 1858. 



MISCELLANEOUS 43 1 

according to the act of assembly, now in force, relative to 
the erection of new townships." That act, to wit, of 15th 
April, 1834, Sec. 14, requires the commissioners "to make 
a plot or drafts of the townships proposed to be divided, and 
the division line proposed to be made therein, or of the 
township proposed to be laid off." The same duty lies, 
therefore, upon the commissioners to lay off an independent 
school district. 

In the case of Independent District in Sewickley 
Township, 7,2, Pa. 297, the fourth exception was in these 
words : " There was no draft returned by the commission- 
ers of the lines of the new district, nor of the lines of the 
township from which it was created." Justice Strong 
quotes the language of this exception, and says, " This is 
a fatal defect." That these views are justified by the legis- 
lative intent we are authorized to believe, by the interpreta- 
tion of the Act of 1855, summed up in the ist section of 
the Act of 20th of May, 1857.* " 
Duties of assessors. 

917. That the assessors in each and every township, 
where anyportion of said township may be included within 
the limits of an independent school district, shall write on 
their duplicates, opposite to the names of the persons re- 
siding within said independent district, the letters I. D., for 
the information of the collector of said tax and the county 
commissioners. '3 

Election of school directors in independent districts. 

918. That in all cases in which school directors of in- 
dependent districts have not been chosen at the recent 
spring elections, or on the day specially fixed by law, it 
shall be lawful for the qualified voters of any such district, 
to meet at their usual place of holding similar elections, ten 
days' notice thereof having been given by the late president 
of the proper board, and shall elect two persons to serve as 
school directors for the ensuing year ; and the remaining 



*. P. L. 587, Infra 922. 

12. Wilkins Township School District, 70 Pa. 108, 1871. 

13. Act May 8, 1855, Sec. 3, P. L. 509. 



432 COMMON SCHOOL LAW 

members and officers of the board who would have continued 
in office under the provisions of the supplement to the school 
law of May eighth, one thousand eight hundred and fifty- 
four, be and they are hereby continued in office until the 
expiration of the terms for which they were originally 
elected ; the said elections shall be held and conducted in 
the same manner and by the same persons heretofore au- 
thorized by law.'"* 
How independent school districts may be formed. 

919. That upon petition of not less than twenty taxable 
inhabitants of any township or townships, desiringthe forma- 
tion of the territory upon which they reside, into a separate 
and independent common school district, and setting forth the 
bounds of such proposed district,'"*^ the court of quarter 
sessions of the proper county shall appoint commissioners 
to view the premises and report to the court at its next 
term, the lines of the proposed new district, either accord- 
ing to the bounds set forth in the petition, or to such other 
bounds as they shall think more advisable, together with 
their opinion on the expediency of establishing or not estab- 
lishing the same, the proceedings upon which petition, 
commission and report, and the final disposition thereot 
shall, in all other respects, be according to the act of assem- 
bly now in force, relative to the erection of new townships : 
Provided, That if said proceedings result in the establish- 
ment of a new common school district, the cost of the com- 
mission and the office fees shall be paid by the said new 
district, but if otherwise, said costs and fees shall be paid by 
the petitioners themselves. '^ 

Proceedings upon erection of new independent school districts. 

920. That whenever a new district shall be erected 
according to the provisions of this act, it shall be- 
come, to all intents and purposes of the common school 
system of the state, a separate and independent district, sub- 
ject, however, to the provisions of the third and fourth sec- 



14. Act May 8, 1855, Sec. 4, P. L. 509. 

14^. Notice must be given as in section two, supra 913, 914. 

15. Act May 8, 1855, Sec. 5, P. L. 509- 



MISCELLANEOUS 433 

tions of the act to wbich this is a supplement ; and the 
proper court of quarter sessions shall moreover determine, 
on hearing, whether an undue proportion of the real estate 
and school houses belonging to the old district or districts 
are within the bounds of the new district, and if so, how 
much money shall be paid therefor by the new to the old 
district or districts, and in what proportions and at what 
time ; and vice versa^ if less than its due share of real estate 
or school houses is within said new district, how much shall 
be paid to it by the old district or districts, and in what 
proportions and at what times ; the order for the payment 
of which several sums shall, from the date thereof, be in the 
nature of a judgment, and the amount recoverable accord- 
ing to the provisions of the twenty-first section of the act '^ 
to which this is a supplement.''' 

Duties of county commissioners. 

921. That at the next annual assessment after the erec- 
tion of any such new common school district, it shall be 
the duty of the county commissioners of the proper county 
to cause a separate assessment of the subjects and things li- 
able to school tax in each portion of the new district lying 
within his proper township to be made out by the proper as- 
sessor thereof, and to be returned to them, wherefrom, after 
adjustment, they shall cause to be made a correct copy of the 
assessment thus obtained, in every portion of the new dis- 
trict, and shall furnish the same to the secretary thereof, in 
accordance with the 29th section of the act to which this is 
a supplement ; '^ and they shall, in like manner and at the 
same time, cause to be made out and furnished to the state 
superintendent of coinmon schools, a full list of all the 
taxable inhabitants of said new district, according to the 
provisions of the 49th section of the act to which this is a 
supplement ; "^ and they shall pay out of the county funds to 



16. Act May 8, 1854, Sec. 21, P. L. 617. supra 65. 

17. Act May 8, 1855, Sec. 6, P. L. 509. 

18. Act May 8, 1854, Sec. 29, P. L. 617, Supra TAXATION 400, 401, 402. 

19. Act May 8, 1S54, Sec. 49, P. L- 617, stcpra CHANGES IN SCHOOL 

DISTRICTS 41, STATE APPROPRIATION 750. 



434 COMMON SCHOOL LAW 

said assessors, the usual compensation for the services en- 
joined by this section. ^° 

Construction of Act May 8, 1855, P. L. 509. Court may vacate 
decree erecting independent school district. 

922. The true intent and meaning of the provisions of 
the supplement to the general school law, approved the 
eighth day of May, Anno Domini one thousand eight hun- 
dred and fifty-five [P. L. 509], for the creation of independ- 
ent school districts, was and is to provide in a guarded man- 
ner for exceptions to the general rule, and to protect and 
promote the educational welfare of occasional localities that, 
from natural or other adequate obstacles, could not be prop- 
erly provided for under the organization of township dis- 
tricts ; and further, it was not the intention to cut up town- 
ships into single school districts, nor to carve out the 
wealthier from the poorer portions of a township or town- 
ships, to the prejudice of the rights and interests of the lat- 
ter : And it is further enacted, That when an independent 
district has been created in violation of these principles, the 
court of quarter sessions of the proper county is hereby au- 
thorized and required, upon application of not less than 
twenty citizens of the township or borough affected thereby, 
to open the decree of the court by which it was created, and 
after re-examination upon the merits, confirm or annul such 
districts, as the evidence may require ; and hereafter no in- 
dependent district shall be created in any case without the 
unanimous concurrence of the court.^' 

When certain independent school districts created by courts of com=- 
mon pleas may be abolished. 

923. That in all cases where an independent school dis- 
trict has been created or continued by any of the courts of 
common pleas of this Commonwealth, it shall be lawful for 
said courts, upon the application of one-third of the taxable 
citizens of any school district, out of which any independ- 
ent district may be erected, by petition, setting forth that 
they desire the abolition of any district, to hear and deter- 
mine the application upon its merits, and if deemed ex- 

20. Act May 8, 1855, Sec. 7, P. L. 509. 

21. Act May 20, 1857, Sec. i, P. L. 587. 



MISCELLANEOUS 435 

pedient, the said court shall discontinue the said district or 
continue the same for any period not exceeding five years 
at any one time : Provided, If any district shall be discon- 
tinued, the school property of said district shall be disposed 
of as is required by the existing laws." 

When other independent school districts may be abolished. Dis- 
position of property. 

924. That in all cases where an independent school dis- 
trict has been created by any of the courts of quarter sessions 
of the peace of this Commonwealth, or by act of assembly, 
it shall be lawful for said courts, upon the application of the 
majority of the taxable citizens of any school district, out 
of which any independent district may be created, by peti- 
tion setting forth that they desire the abolition of any dis- 
trict, to hear and determine the application upon its merits, 
and if deemed expedient the said court shall discontinue the 
said district : Provided, If any district shall be discontinued 
the school property of said district shall be disposed of as is 
required by the the existing laws.'^^ 

Elections in independent school districts regulated. 

925. That when an independent school district shall 
be established the proper court shall, in the decree therefor, 
designate the time and place for holding the annual elec- 
tions of directors therein, and appoint two persons to hold 
the first election, at a time appointed, therefor, who shall 
give ten days' notice thereof, by printed or written hand- 
bills, put up at not less than six public places within said 
district, at which first election six directors shall be chosen, 
two for three years, two for two years, and two for one year 
then next ensuing, and thereafter two directors shall be 
chosen for three years, at tlie annual election to be called 
and held by the president and secretary of the board, at the 
time or place, and in the manner, in said decree therefor 
appointed, said election, in all other respects, to be con- 
ducted in conformity with the existing school law ; and that, 
in independent districts, established, or hereafter to be es- 



22. Act May 20, 1857, Sec. i, P. 1,. 588. 

23. Act May 12, 1897, Sec. i, P. L. 55- 



436 COMMON SCHOOL LAW 

tablislied, by the legislature, without specifying the mode, 
time or place of electing directors, the first election shall 
be held at such time and place, within the proper district, 
as shall be specified by written or printed notices thereof, 
put up at not less than ten public places therein, signed by 
not less than five taxable citizens thereof, and giving ten 
full days' notice of such election, and subsequent elec- 
tions shall be held at such time and place, annually, as 
shall be designated by similar notices, signed by the presi- 
dent and secretary of the proper board ; said elections, in 
all other respects, to be held and conducted in the manner 
in this section before provided.^" 

Abolition of independent school districts created by the courts of 
quarter sessions. 

926. In all cases where an independent school dis- 
trict has been created by any of the courts of quarter 
sessions of the peace of this Commonwealth, or by act of 
assembly, it shall be lawful for the court of quarter sessions 
of the county in which such independent district is located, 
upon application to said court of a majority of the taxable 
citizens resident within the limits of such independent 
school district, by petition, setting forth that they desire 
the abolition of said district, to hear and determine the ap- 
plication upon its merits ; and if deemed expedient, the said 
court shall discontinue the said independent district.^^ 

Reversion of Property. 

927. If any such independent district be discontinued, as 
provided in section i of this act, the school property of such 
independent district shall revert to the districts out of which 
such independent district was originally created, and shall 
be apportioned among said districts in such manner as is 
required by existing laws.^^ 



24. Act April II, 1862, Sec. 9, P. L. 47i- 

25. Act April 22, 1903, Sec. i, P. L. 237. 

26. Act April 22, 1903, Sec. 2, P. L. 237. 



MISCELIvANEOUS 437 

Application of Act April 22, i903» P- L. 237. 

928. That the provisions of this act shall not apply to 
independent school districts composed of parts of adjoining 
coiinties.^^ 

Repeal. 

929. All acts or parts of acts inconsistent herewith be 
and the same are hereby repealed. ^^ 

Against formation of independent school districts. 

930. The law does not favor the erection of independ- 
ent school districts : Independent School District in Frank- 
lin Township, i Susqh. Leg. Chron. 75. They are against 
the general policy of the law, and operate seriously to dis- 
arrange the general school organization : Independent School 
District in Sewickley Township, t,t, Pa. 297 ; Mt. Pleasant 
Township Independent School District, 10 Pa. C. C. 588. 
They are not encouraged because exceptional : Hatfield 
Township School District, 2 Walker 169 ; Conley vs. School 
Directors, 32 Pa. 194. Hence it is held that, under the act 
of May 8, 1855, P. L. 509, as interpreted by the act of May 
20, 1857, P. L- 587, "where no natural or other adequate 
obstacle prevents proper provision in the general common 
school organization of a township, no independent school 
district can be created. The existence of such an obstacle 
is an affirmative, substantive and essential fact in the pro- 
ceedings ; a fact which must appear in order to obtain a de- 
cree. Every substantive, material and affirmative fact 
which, by the express language of the statute law, is made 
indispensable in the proof should be averred or should ap- 
pear in the record : " Hatfield Township School District, 2 
Walker 169 ; South Abington Township Independent 
School District, 11 Pa. C. C. 606; Independent School 
District in Greenwood Towhship, 19 Pa. C. C. 452.^'^ 
Liquor license money payable to school districts. 

931. In townships where the roads shall be made and 
repaired by tax payers, under contract with the township, 

27. Act April 22, 1903, Sec. 3, P. L,. 237. 

28. Act April 22, 1903, Sec. 4, P. L. 237. 

29. In re Independent School District in Franklin Township, 8 D. R. 

370, 1898. 



438 COMMON SCHOOL LAW 

pursuant to the provisions of the act of 12th June, Anno 
Domini one thousand eight hundred and ninety-three, and 
its supplements, the proportion of liquor license money by 
existing laws made payable to such townships, and any and 
all money derived from same source, now in the hands of 
the township treasurer, or in the hands of any person or per- 
sons for the use of the township or townships, shall be paid, 
during the time the roads are thus or were made and re- 
paired, to the treasurer of the school district of such town- 
ship, for school purposes : Provided, That if any such town- 
ship shall contain one, or more than one, independent school 
district, the license money due said township shall be di- 
vided among all the school districts thereof, every district 
receiving the proportion of license money that its assessed 
valuation of taxaWe property bears to the assessed valuation 
of such property in the entire township.^" 

Penalties recovered for trespass upon private property to be paid 
to school fund. 

932. It shall be unlawful for any person .wilfully to 
enter upon any land, within the limits of this Common- 
wealth, where the owner or owners of said land has caused 
to be prominently posted upon said land printed notices 
that the said land is private property, and warning all persons 
from trespassing thereon, under the penalties provided in 
this act.3' 

Fine and penalty. 

933. Every person violating the provisions of this act 
shall be liable to a penalty of not exceeding ten dollars, 
together with the costs of prosecution, to be recovered be- 
fore any magistrate or justice of the peace, as fines and pen- 
alties are by law recoverable ; and in default of payment of 
said fine and costs, the party convicted shall be committed 
to the county jail of the proper county, for one day for each 
dollar of fine imposed. ^^ 

Penalties payable to the school fund. 

934. All penalties recovered under this act shall be 
paid to the school fund of the district in which the trespass 
was committed.33 



30. Act April 22, 1903, Sec, i, P. L. 259. 

31. Act April 14, 1905, Sec. i, P. L. 169. 

32. Act April 14, 1905, Sec. 2, P. L. 169. 

33. Act April 14, 1905, Sec. 3, P. L- 169. 



CHAPTER XXXVIII. 

FORMS. 

PAGS 

936. Agreement between teacher and directors 339 

937. Form of annual statement of district accounts 440 

938. Order of district treasurer 442 

939. Bond for treasurer of school district .*. 442 

940. Bond of collector of school tax 443 

941. Oath of collector of school tax 444 

942. Warrant to collector of school tax 444 

943. Certificate by collector to county commissioners of unpaid 

school tax on unseated lands 445 

944. Certificate to prothonotary of unpaid balance 446 

945. Petition for appointment of sanitary agent under act of April 

II, 1899, P. h. 38 446 

946. Decree 447 

947. Notice of convention of school directors for election of county 

superintendent 448 

948. Petition for removal of school directors. Act May 8, 1854, 

Sec. 9, P. L. 617. Act April 22, 1863, Sec. 9. See Chap. 
VII. Sec. 185 448 

949. Petition to appoint inspector of school accommodation. Act 

June 6, 1893, P- ^- 330 449 

950. Petition for removal of school directors. Act May 8, 1854, Sec. 

9, P. L. 617. See Chap. VII. Sec. 185 45° 

951. Application for state normal diploma 451 

952. Form of practical teacher's state certificate 452 

953. Ivcase of house and lot to school district 454 

954. Deed to school district 454 

955. Bond of school district for damages for appropriation of lands... 455 

956. Apprenticeship of child by public charitable institution. Act 

May 25, 1878, P. L. 152 456 

957. General form of complaint or information 457 

958. Physician's certificate of vaccination 458 

959. Teacher's attendance report , 45^ 

960. Secretary's official notice of absence to parent or guardian 459 

961. Secretary's report to the principal or teacher '. 459 

962. Summons on parent or guardian 460 

963. Service of summons 461 

964. Petition to assess damages for a school house lot. Act April 

9, 1867, P. Iv. 51 461 

Agreement between teacher and directors. 

936. 

Agreement made and concluded, this day 

of , 19 . . , between , teacher of the 

first part, and the board of school directors of 

school district, in county, state of Pennsylvania, 

of the second part, as follows, to wit : 



440 COMMON SCHOOL LAW 

The said hereby covenants and agrees with 

the board of school directors of school district, that 

(he or she) will faithfully and diligently, under the supervision 
and exclusive direction of the said board and their successors, 
but subject, nevertheless, to the visitation and lawful author- 
ity of the county superintendent, teach in 

school house for the term of .... months ; reserving the 
right of the board of directors to dismiss the said teacher at 
any time whatever, for any of the causes specified in the 
twenty-third section of the act of May 8, 1854, entitled "An 
act for the regulation and continuance of a system of educa- 
tion by common schools." 

In consideration whereof, the said board of school direc- 
tors of school district agrees to pay the said 

, for (his or her) services as aforesaid, the sum 

of dollars per month, during the period above 

named, to be paid 

In witness thereof the parties have hereunto set their 

hands and seals this day of , A. D. 19 . . . 

, (seal) 

President Board of School Directors. 

, (seal) 

• Teacher. 
Countersigned : 



Secretary Board of School Directors. 
Form of annual statement of district accounts. 

937- 

Common school district. 

Receipts and expenditures for 19. .. 
Tax rate, .... mills on the dollar of valuation for school pur- 
purposes, and . . . mills for building purposes. 
Receipts.' 



If there was a building tax and a house or houses erected during the 
year, the amount of the building tax, and the portion of it ex- 
pended in the year for this purpose, is to be stated in the same 
way, with the balance on hand, or the debt for this purpose, if 
any, under the proper heads " Receipts," and "Expenditures for 
Building," as in the case of ordinary school tax and expenditure. 



FORMS 441 



Balance on hand from last year (if any), as per 
last report $ 

From collector, including taxes of all kinds . . . 

From loans, since last report 

From county treasurer, for unseated lands, since 
last report 

From state appropriation for year ending June, 

19 

From all other sources (as sales of houses or 
lands, liquor fines, etc.) 

Total receipts $ 



Expenditures. 

For purchasing grounds ^ 

For building and furnishing houses . . 

For renting and repairing, etc 

For teachers' wages 

For school books and supplies 

For fuel and contingencies 

For fees of collector, $. . . . , and treasurer, $. . . . , 
For salary of secretary or district superintend- 
ent 

For debt and interest paid 

For other expenses . . . 

Total expenditures i 



Cash on hand . 

Or, amount due treasurer. 



Resources. 

Cash on hand, if any 

Amount due district from all sources. 



Total resources 



Liabilities. 
Amount due treasurer, if any .,....., 
Amount due on unsettled bills, if any , 



442 COMMON SCHOOL LAW 

Amount borrowed aud unpaid, or debt of dis- 
trict 

Total liabilities 



Order on district treasurer. 

938- 



To the Treasurer of School District 

.... County : 

Sir : Pay to or order, dol- 
lars and cents, being one month's salary 

due him as teacher up to (or on account of 

salary, or for fuel furnished to ... school house, 

or for rent for school house, etc., as the case may be), for 
which this will be your sufficient voucher on settlement of 
your accounts. 

By order of the board of directors : 



President. 
Countersigned : 



Secretary. 
Bond for treasurer of school district. 

939- 

Know all men by these presents, that we, 

and of in 

County, Pennsylvania, are held and firmly bound to 

, president of the board of school directors of 

school district, in county, for the use 

of said school district, in the sum of dollars 

(here insert double the amount of the sum that will prob- 
ably come into the hands of the treasurer for one year, for 
school purposes), lawful money, to be paid to the said 

school district ; to which payment well and 

truly to be made and done, we bind ourselves, jointly and 
severally, our heirs, executors and administrators, and 
every of them, firmly by these presents. Sealed with our 

seals ; dated the day of , one 

thousand nine hundred and 



FORMS 443 

Whereas the said has been duly chosen 

treasurer of the said school district, for and 

during the tenn of one year from the date hereof : Now the 

condition of this obligation is such, that if the said 

. . . . '. shall and do well and faithfully perform all the acts 
and duties lawfully pertaining to his office as district treas- 
urer aforesaid, according to the terms of the school law, ap- 
proved the 8th day of May, 1854, and the supplements 
thereto, then this obligation to be void ; else to be and re- 
main in full force and virtue. And further, we do hereby 
empower any attorney of any of the courts of record of this 
state or elsewhere, to appear for us, and after one or more 
declarations filed for the above penalty, thereupon to con- 
fess judgment or judgments against us, as of the last, next, 
or any subsequent term, without stay of execution, and 
with release of errors, etc. 

(Signed and sealed by obligors and witnessed.) 
Bond of collector of school tax. 

940. 

Know all men by these presents that we, 

and , of , are held and firmly bound 

unto the Commonwealth of Pennsylvania in the sum of 

dollars, lawful money of the United States of 

America, to be paid to its certain attorney or assigns, to 
which payment well and truly to be made we bind ourselves, 
our heirs, executors and administrators firmly, jointly and 
severally, by these presents. Sealed with our seals and 
dated the .... day of , 19 . . . 

Whereas the above bounden has been 

duly elected and returned to the court of quarter sessions of 

the peace of the county of as collector of taxes 

of the township of , in the said county, for the 

ensuing year, and has been duly qualified according to law : 

Now, the condition of this obligation is such, that if 

the said shall and do well and truly collect and 

pay over, or account for, according to law, the whole amount 
of taxes charged and assessed in the duplicates which shall 
be delivered to him, and faithfully discharge the duties ap- 
pertaining to the office of collector of taxes, according to 



444 COMMON SCHOOL LAW 

law, then this obligation to .be void ; otherwise to be and 

remain in full force and virtue. 

, (seal) 

, (seal) 

Sealed and delivered in 
the presence of 



Oath of collector of school tax. 

941. 



County, ss : 

I, , having been duly elected collector of 

the taxes of the of , do swear (or affirm) that 

I will support the Constitution of the United States and 
the Constitution of the Commonwealth of Pennsylvania ; 
that I will well and truly collect and pay over, or account 
for, according to law, the whole amount of taxes charged 
and assessed in the duplicates which shall be delivered to 
me, and faithfully discharge the duties of said office accord- 
ing to law and the best of my judgment and ability. 

Sworn (or affirmed) and subscribed, etc. 

Warrant to collector of school tax. 

942. 
County, District, ss : 

To Collector of school dis- 
trict in said county : These are to require you to collect 
and receive from persons assessed, the several sums in your 
duplicate respectively mentioned, and you shall complete 
and pay unto , treasurer of said school dis- 
trict, on or before the day of 

next, all such sum or sums of money as you may then have 
collected, at which time the board of school directors will 
attend at their place of meeting in said district, and make 
an abatement of deficiencies, mistakes, or for indigent per- 
sons, etc. And if any person or persons shall neglect or re- 
fuse to make payment within thirty days after lawful de- 
mand made by you, it shall and may be lawful to and for 
you, and you are hereby commanded and required, to levy 



FORMS 445 

the said tax by distress and sale of the goods and chatties 
of such delinquent, giving ten days' notice of such sale, by 
written or printed advertisements, rendering the overplus 
(if any be), to the owners. And in case goods and 
chattels cannot be found sufficient to satisfy the same, 
with cost of suits, then you shall take the body of every 
such person and bring him to the county jail, and deliver 
him to the sheriff or keeper of said jail, who shall detain 
and keep him in safe custody, without bail or main prize, 
until payment shall be made. 

And you shall complete and pay into the said 

the whole amount of your duplicate, except such deficien- 
cies, etc., as shall have been allowed as aforesaid, on the 

day of next. 

Given under my hand and seal the day of 

r...i9.. 

, (seal) 

President, Board School Directors 

of District. 

Countersigned : 



Secretary of the Board. 

Certificate by collector to county commissioners, of unpaid school 
tax on unseated lands. 

943- 
To the Commissioners of the county of : 

Gentlemen : I do hereby certify that the following 

school tax on unseated lands within the district of 

, was regularly assessed and set forth in the dupli- 
cate of school tax for the year 19 . . , delivered to me for col- 
lection by the president of the board of directors thereof, 
and that the same has not been paid to me by the owner 
thereof. You are therefore required to cause the same to be 
collected and paid over, agreeable to the thirty-fourth sec- 
tion of the act, entitled "An Act for the regulation and con- 
tinuance of a system of education by common schools, " 



446 COMMON SCHOOL LAW 

passed May 8, 1854, and the eighth section of the supple- 
ment thereto, passed April 11, 1862, viz : 

Upon lands of $ 

Upon lands of $ 



Collector of School Dis- 
trict County. 

August. . . . 19. . 
Certificate to prothonotary of unpaid balance due from collector. 

.944. 
To the Prothonotary of the Court of Common Pleas of the 
county of : 

I hereby certify that school tax for the current school 

year in the district of , in said county, to the 

amount of (insert the amount in words) is due ^nd unpaid 

by , school tax collector of said district, at the 

date hereof, which you are required to enter against said 

and and ... who are 

his sureties, in accordance with the provisions of the thir- 
teenth sections of the act, entitled " A further supplement 
to the Act, entitled ' An Act for the regulation and contin- 
uance of a system of education by common schools,' " etc., 
approved April 11, 1862. 

Dated this day of 19 . . 



President, Board School Directors 

of District. 

Attest : ' 



Secretary. 
Petition for appointment of sanitary agent under act April 11 j 1899, 
P. L. 38. 

945- 
To the Honorable, the Judges of the Court of Common Pleas 

in and for the county of , Pennsylvania. 

The petition of the directors of the school district of 

township, said county, respectfully represents : 

That the school directors of the said township of . . . . 

have adopted rules and regulations to prevent the 



FORMS 447 

introduction and spread of contagious or infectious diseases, 
etc., and having received information that there is an epi- 
demic of small-pox in the said township, by reason whereof 
it will become necessary to regulate intercourse with such 
infected places, they desire to appoint a sanitary agent for 
the term of one year, at a compensation of two dollars per 
day for time actually employed as such agent. 

Your petitioners therefore pray your Honorable Court 
to approve the reasons given by said board for the appoint- 
ment of said sanitary agent, and also to approve of the 
compensation deemed proper therefor. 
And they will ever pray. 



President of School District. 



Attest : 



Secretary School District. 

county, ss. : 

being duly affirmed according to law doth 

depose and say that the facts set forth in the foregoing peti- 
tion are true and correct to the best of his knowledge and 

belief. 

Affirmed and subscribed to before me this . . . day of 

, A. D. 19... 



Decree. 

946. 

And now, to wit : the .... day of . . , A. D. 

19. ., the court having heard, read and considered the fore- 
going petition, and being satisfied with the propriety there- 
of, and the truth of the facts therein contained, do hereby 
approve the reasons given by the board of directors of the 

school district of township, said county, for the 

appointment of a sanitary agent, and also approve the com- 
pensation of two dollars per day deemed proper therefor. 
Said compensation to be paid out of the school fund of said 

township. 

By the court : 



President Judge. 



448 COMMON SCHOOL LAW 

Notice of convention of school directors for election of county 
superintendent. ^ 

947- 
To the school directors of county : 

Gentlemen : — In pursuance of the thirty-ninth section 
of the act of May 8, 1854, as amended by act March 
27, 1866, P. Iv. 88, you are hereby notified to meet 

in convention, at the court house, in , on the 

first Tuesday in May, 19.., being the day of the 

month, and select, viva voce, by a majority of the whole 
number of directors present, one person of literary and 
scientific acquirements, and of skill and experience in the 
art of teaching, as county superintendent, for the three suc- 
ceeding years ; and certify the result to the state superin- 
tendent, at Harrisburg, as required by the thirty-ninth and 
fortieth sections of said act. 



County Superintendent of county. 

, April.. ..,19... 

Note I. The above notice is to be inserted once a week for three 
successive weeks immediately preceding the first Tuesday in May, in 
not more than two newspapers of the proper county, if so many be pub- 
lished therein ; if none are published in the colinty, a printed copy of 
the notice is to be sent by mail to the secretary of the board of directors 
of each school district. 

Petition for removal of school directors. Act May 8, 1854, Sqc. 9, 
P. L. 617. Act April 23, 1863, Sec. 9. See Chap. Vll., Sec. 

186. 
948. 

In re Removal of School Directors of School 

District. 
In the Court of Quarter Sessions of County, Penn- 
sylvania. No...., Term, 19.. 

To the Honorable , President Judge of the 

said Court : 

The petition of the undersigned, taxable citizens of 

school district respectfully represents : 

That the members of the board of school directors of 

said school district, to wit : , , , 

, etc., have failed and neglected to organize as re- 
quired by the Act of General Assembly of April 22, 1863, 



FORMS 449 

Sec. 9, and have failed to organize up to the date of pre- 
senting this petition. That no treasurer has been chosen 
for the year, and the district is in danger of losing its state 
appropriation. 

Wherefore your petititioners pray your Honorable 
Court to grant a rule upon the aforesaid members of board 
of school directors, requiring them to appear and show 
cause why their seats as school directors of the said school 
district shall not be declared vacant and other directors be 
appointed in their stead, as by law in such cases provided. 

And they will ever pray, etc. 

(Signed by six taxable citizens.) 
State of Pennsylvania, County of , ss.: 

Before me, a Notary Public, personally appeared (any 
three signers) above named who being duly sworn accord- 
ing to law, deposeth and saith that the above named are 

taxable citizens of township school district 

and that the facts above set forth are true. 
Sworn and subscribed before me, 
this day of , A. D., 19 . . 



Notary Public. 

Petition to appoint inspector of school accommodations. Act June 
6, 1893, P. L. 330. 

949. 

To the Honorable the Judges of the Court of Common Pleas 

of County : 

The petition of the undersigned, resident taxable citi- 
zens of the township of , in the county afore- 
said, respectfully represents : That the school 

house, situated in the extremity of said town- 
ship, is unsuitable for the requirements of the public school 
kept therein, being in ruinous and unsafe condition, of in- 
sufficient seating capacity, and destitute of the ordinary con- 
veniences necessary for the proper accommodations of the 
teachers and scholars. That the school directors of said 
township (naming them) wilfully refused and neglected, 
and are still refusing and neglecting, to provide a suita- 
ble, safe and convenient building for school purposes in said 



450 COMMON SCHOOL LAW 

district, though frequently requested by a num- 
ber of the taxpayers of the township so to do. Your peti- 
tioners therefore pray the court to appoint a competent in- 
spector to visit the said district, and inquire into the facts 
herein set forth, and report to the court, that such further 
order may be taken in the premises as is provided in such 
case by the act of assembly, approved the 6th day of June, 

1893. 

(To be signed by ten or more petitioners, at least six of whom must 
make affidavit thereto). 

Petition for removal of school directors. Act May 8, 1854, Sec. 9, 
P. L. 617. See Chap. VII., Sec. 185. 

950- 
In re Removal of School Directors of Town- 
ship. 
In the Court of Quarter Sessions of County, 

Pennsylvania. No . . . . , Sessions, 19 . . 

To the Honorable , President Judge of the 

said Court : 

The petition of the undersigned taxable citizens of 
school district, respectfully showeth, 

That the members of the board of directors of the said 

school district, to wit, , , , , 

, , have during the last year refused and neg- 
lected, and are still refusing and neglecting to perform their 
duties as school directors of said school district in the fol- 
lowing particulars : 

To open and keep the schools of said district in opera- 
tion as far as the means of the district will admit ; to provide 
and keep at the several school houses in said school district 
suitable and convenient water closets for both sexes, in the 
manner required by law ; to pay the teachers and janitors 
of the schools of said school district their salaries ; to pro- 
vide fuel for suitably warming said school houses ; and to 
perform other duties enjoined upon them by law. 

Wherefore your petitioners pray your Honorable Court 
to grant a rule upon the aforesaid members of said board of 
directors, requiring them to appear and show cause why 
their seats as school directors of the said school district 



FORMS 451 

shall not be declared vacant and other directors be appointed 
in their stead, as by law in such cases provided. 

And they will ever pray, etc. 

(Signed by six taxable citizens.) 
State of Pennsylvania, County of. ... , ss.: 

Before me, a Notary Public (or Justice of the Peace) 
(or Clerk of Court of Quarter Sessions) personally appeared 
(any three signers) that the above named are taxable citi- 
zens of. township school district and that the 

facts above set forth are true, and further saith not. 
Sworn and subscribed before me, 
this day of , iV, D., 19 . . 



Notary Public. 

Application for state normal diploma. 

951- 

No. I. 

• » I9-- 

At a meeting of the board of school directors of 

.... school district, county, state of Pennsyl- 
vania, the following resolutions were adopted : 

Resolved^ That , whose address is ... . 

.... P. O., county, Pennsylvania, having taught 

a common school in this district for ... . annual school 

term . . , since was graduated by the state normal 

school located at , county of , we take 

pleasure in saying, that we consider well qualified 

as a teacher, morally, intellectually and professionally. 

Resolved^ That we recommend the board of examiners 
and the faculty of the above named normal school, to grant 

said a state normal diploma. 

By order of the board of directors. 

, President. 

Attest : 

, Secretary. 

No. 2. 

IF THE APPLICANT HAS TAUGHT TWO TERMS FOR ONE 
BOARD IT IS NOT NECESSARY TO USE THIS FORM. 

, I9-- 



452 COMMON SCHOOL LAW 

At a meeting of the board of school directors of 

.... school district, county, state of Pennsyl- 
vania, it was 

Resolved^ That having taught a common 

school in this district for annual school term . . since 

. . . .graduation at the normal school above named, we cor- 
dially unite in the recommendation expressed in the pre- 
ceding resolutions. 

By order of the board of directors. 

, President. 

Attest : 

, Secretary. 

> I9-- 

Knowing to be a successful teacher, and 

a person of good moral character, I heartily concur in the 

foregoing recommendation. 



Superintendent of Schools of county. 

Form of practical teacher's state certificate. 

952. 

No. 1. 

1 T9-- 

At a meeting of the board of school directors of 

. . . school district, county, state of Pennsyl- 
vania, the following resolutions were adopted : 

Resolved, That , whose address is ... . 

.... P. O., county, Pennsylvania, having taught 

a common school in this district for ... . annual school 

term . . , we take pleasure in saying that we consider 

well qualified as a teacher, morally, intellectually and pro- 
fessionally. 

Resolved, That we recommend the state board of ex- 
aminers and the faculty of the state normal school, located 

at , Pennsylvania, to grant above named person a 

teacher's certificate. 

By order of the board. 

, President. 

Attest : 

, Secretary. 



FORMS 453 

No. 2. 

19-- 

At a meeting of the board of school directors of. .... . 

. . . .school district, county, state of Pennsyl- 
vania, it was 

Resolved^ That having taught a common 

school in this district for annual school term . . , we 

cordially unite in the recommendation expressed in the pre- 
ceding resolutions. 

By order of the board, 

, President. 

Attest : 

, Secretary. 

No. 3. 

, I9-- 

At a meeting of the board of school directors of 

.... school district, county, state of Pennsyl- 
vania, it was 

Resolved, That having taught a common 

school in this district for annual school term . . , we cor- 
dially unite in the recommendation expressed in the pre- 
ceding resolutions. 

By order of the board. 

, President. 

Attest : 

, Secretary. 

Knowing , to be a successful teacher, 

and a person of good moral character, I concur in the fore- 
going recommendation. 



Superintendent of Schools of county. 

Note — If the applicant has taught for one board the three annual 
school terms required by law, Blank No. i should be filled up with the 
word three, and "term " be made to read " terms; " if he has taught 
for one board two terms, and for another one term, Blanks Nos. i and 2 
should be filled up accordingly ; and the three forms above given are de- 
signed to be filled up only when the applicant has taught for three dif- 
ferent boards. 



454 COMMON SCHOOL LAW 

Lease of house and lot to school district. 

953- 

Know all men by these presents, that I, , of 

, for and in consideration of the payment of the sum 

of dollars per annum to me, my heirs, executors, 

administrators or assigns, by , , and , 

school directors of the district of , in the 

county aforesaid, do hereby rent and lease to the said school 
district, for the support and maintenance of the common 
schools of said district, according to law, all that certain 
house and lot, with the appurtenances, situate, etc., to have 
and to hold the same, for the purposes aforesaid, for and 
during the term and period of years next en- 
suing the date hereof, at the expiration of which the said 
premises are to be surrendered and delivered up to me, my 
heirs, executors, administrators or assigns, unless the present 
lease shall, in the meantime, be extended by me or them. 

In witness whereof the said parties have hereunto set 
their hands and seals the day and year above written. 

(seal) 

(seal) 

Witnesses : 



Deed to school district. 

954- 

This indenture, made the day of , 

one thousand nine hundred and , between 

. . . . , of , state of Pennsylvania, of th-e first part, 

and "The School District of ," county and state 

aforesaid, of the second part, witnesseth : That the said party 
hereto of the first part, for and in consideration of the sum 

of dollars to him in hand paid by the said 

party of the second part, at and before, etc , the receipt 
whereof, etc., has granted, bargained, sold, etc., and by these 
presents does grant, bargain, sell, etc., unto the said party 
of the second part, its successors and assigns, all that certain 
lot or piece of ground situate, etc. (describing premises and 
reciting title), together with all and singular, etc. , and all 



FORMS 455 

the estate, right, title, etc. To have and to hold the here- 
inbefore described premises, with the appurtenances, unto 
the said party of the second part, its successors and assigns, 
forever, for the establishment, support and maintenance of 
common schools in the said district, according to law. (Add 
warranty of title). 

In witness whereof, the said party of the first part has 
hereunto set his hand and seal the day and year first above 
written. 

. (seal) 

Signed, sealed and delivered 
in the presence of 



Bond of school district for damages for appropriation of lands. 

955- 

Know all men by these presents, that the 

.... school district, a corporation duly organized in accord- 
ance with the laws of Pennsylvania, and 

and are held and firmly bound unto 

, of county of 

and state aforesaid, in the sum of three thous- 
and dollars, lawful money of the United States, to be paid 
to the said or to his attorney, executors, ad- 
ministrators or assigns, to which payment well and truly to 

be made and done the said school district 

and the said and , bind them- 
selves, their successors, heirs, executors, or administrators, 
firmly by these presents. 

Sealed with their respective seals and dated the 

day of , 19 . . . . 

Whereas the said is the owner in fee of 

a certain tract of land situate in the of 

and state aforesaid, bounded on the north, etc. (de- 
scribing premises) and containing acres, more 

or less ; 

And whereas the Board of Controllers of the said .... 

school district are about to enter upon, take and 

appropriate the said tract of land for the purpose of erecting 



456 COMMON SCHOOL LAW 

and building a public school house thereon, and are unable 

to agree with the said as to the sum to be 

paid for the purchase of said premises ; now, therefore, in 

order to secure the payment to the said of the 

amount which may be awarded to him as compensation for 
the taking and appropriating of the same for the purpose 
aforesaid, and the costs and damages by reason thereof, the 

condition of this obligation is such that if the said 

school district shall pay or cause to be paid to him, 

the said , his executors, administrators or as- 
signs, the full sum which may be finally recovered by him 
against the said school district as compensa- 
tion as aforesaid, according to law then this obligation to 
be void ; otherwise to be and remain in full force and 
virtue. 

In witness whereof, the said school dis- 
trict and the said and have 

caused their respective seals to be affixed hereto the day and 
year above mentioned. 



Sealed and delivered 
in the presence of 



(seal) 
(seal) 



Apprenticeship of child by public charitable institution. (Act May 
35, 1878, P. L. 152.) 

956. 

This indenture, made the fourth day of 

19 ... , between the directors of the " Homeless Children 

of the ," of the one part, and , 

of the township of County, Pennsylvania, of 

the other part, witnesseth : That the directors aforesaid do 
hereby, by virtue of the provisions of the Act of Assembly 
of this Commonwealth in such case made and provided, 

bind out and place with the said '. . for the 

term of seven years next ensuing the date hereof , 

a minor child, now of the age of years, for 

four years last past an inmate of the said Home for Friend- 



FORMS 457 

less Children, whose parents are unable to support him. 

During said term of service the said hereby 

engages to provide the said minor with suitable board, 
clothing, lodging and all other necessaries, and to send him 
to the public schools of the said township at least four 

months of each succeeding winter season. The said 

is to serve the said at such employ- 
ment as is suited to his years and ability in and about the 
business of farming upon the premises of his said employer, 
who hereby agrees to instruct and train him to a knowl- 
edge of said business in its several branches, as pursued in 
the neighborhood, and at the expiration of his period of ser- 
vice aforesaid to present him with a good, serviceable suit 
of clothing and the sum of forty dollars. 

In witness whereof, the parties to these presents have 
hereunto set their hands and seals the day and year first 
above written. 

The Home for Friendless Children of the 

Attest : .... President, (seal) 

Secretary (seal) 

Sealed and delivered 

in the presence of 



General form of complaint or information. 

957- 
county, ss. : 

, of the township of , in the 

county aforesaid, having been duly sworn (or affirmed), says 

that did, in the county aforesaid, on or about 

the day of , 19 . ., cruelly ill-treat, abuse and 

punish one , a minor child, between . . . and 

. . . years of age, of deponent (stating circumstances), con- 
trary to the act of assembly in such case made and provided 
(or, if the offense be one at common law, '' against the peace 
and dignity of the Commonwealth of Pennsylvania"). 



Sworn (or affirmed) and subscribed before me this 
day of , 19 . . . 



Justice of the Peace. 



458 COMMON SCHOOL LAW 

Physician's certificate of vaccination. 

State board of health model forms. 

958. 

Form 10. 

I hereby certify that on the . . . day , 19 . . ., 

I vaccinated , age . . . , address , and 

that on the . . . day of , 19...,! find a result- 
ing sore, which in my opinion means a successful vaccina- 
tion. 

, M. D. 

Address 



Form II. 

I hereby certify that on the . . . day of ....,., 1 9 .. . 

I examined a cicatrix on , . , age . . . , address . . 

, and believe it to be the result of a successful 

vaccination. 



, M. D. 



Address 



Form 12. 

I hereby certify that on the . . . day of , 19 . . 

I examined , age . . . , address 

and found well defined cicatrices of small-pox. 

, M. D. 



Address 

Teacher's attendance report. 

959- 

Mr . . , secretary or superintendent of schools 

or attendance officer, 



In violation of the provisions of the act July 11, 1901, 



FORMS 



459 



the following children were absent without satisfactory ex- 
cuse : 



Name. 


Age. 


No. of Days. 


Name of Parent or 
Guardian. 











, Teacher. 

, School. 

Mailed or delivered this . . . day of ,19... 

Note — Print on the back of this report sections i, 2, 5, 6 and 7 of act 
July II, 1901. 

See chapter on Compulsory Attendance. 

Secretary's official notice of absence to parent or guardian. 

960. 
Mr 

By virtue of the provisions of an act of assembly pro- 
viding for the attendance of children in the schools of this 
Commonwealth, and providing penalties for violation there- 
of, approved July 11, 1901, you are officially notified that 

has been absent during the present school 

term for a greater length of time than three days without 
lawful excuse. 

Unless you send your child to school immediately, or 
show good reason for not doing so, you will become liable 
to the penalty imposed by law. 

Served this . . . day of , 19 . . . 

, Secretary. 

Note — Print on the back of the notice sections i, 2, 4, 5, 6 and 7 of 
the act July 11, 1901. 

See chapter on Compulsory Attendance. 

Secretary's report to the principal or teacher. 

961. 

, Pennsylvania, , 19 . . . 

, teacher school, dis- 
trict, county, Pennsylvania. Beginning 

of school term 

I hereby furnish you with a correct list of all the chil- 



460 



COMMON SCHOOL LAW 



dren between the ages of six and sixteen reported to me by 
the assessor for your school. 

Respectfully, 

, Secretary. 



Name. 


Age. 


Sex. 


Color. 


Name of Parent or 
Guardian. 













Note— It is suggested that the secretary have printed the sections 4, 
5, 6 and 7 of the act July 11, 1901, to aid the principals and teachers in 
the enforcement of the said act. 

See chapter on Compulsory Attendance. 
Summons on parent or guardian. 



962. 



, Pennsylvania, > 19 • 



Mr. 



Parent or guardian of 

Dear Sir : — The act July 11, 1901, directs every parent, 
guardian or other person in this Commonwealth, having 
control or charge of a child or children between the ages of 
eight and sixteen years, to send such child or children to a 
day school in which the common English branches are 
taught. You are hereby notified that your son (or daugh- 
ter) is not in attendance at a school. There will be a meet- 
ing of the school board of , county of , 

Pennsylvania, at the school house in said .... 

, on the day of , 19 . . . , at . . . 

o'clock . . . M., when and where you may appear if you so 
desire, and present to said school board satisfactory evidence 
showing such child or children is or are prevented from at- 
tendance upon school or application to study by mental, 
physical or other urgent reason. 

You are further notified that after service of this notice 
upon you, if the same child is absent from school three days, 
or their equivalent in time, during the remaining period 01 
compulsory attendance, without excuse, as provided by law, 



FORMS 461 

you will be liable to have imposed upon you the penalties 
as provided by the above named act. 

By order of the board of directors. 

, President. 

Attest : 

, Secretary. 

Service of Summons. 

963- 

And now, , 19 . . . , service of the above 

notice was made upon , by reading and 

making known to him (or her) the contents thereof, and by 
handing to him (or her) a true and attested copy of the same. 



Petition to assess damages for a school house lot. Act April 9, 
1867, P. L. 51. 

964. 
To the Honorable the Judges of the Court of Common Pleas 
of County, Pennsylvania : 

The petition of the school district of the township of 

(or of the owners of the land), respectfully 

represents : 

That the board of directors of said district have been 
unable to procure an eligible site for the erection of a school 
house as they have deemed expedient by agreement with 
owners of the land, and have on behalf of said district en- 
tered upon and occupied a certain piece of land, the property 

of , in said township of , which 

they have designed and marked off as follows (describe the 

land), and which contains , more 

or less, for the purpose of erecting thereon a school house, 
with its necessary and convenient appurtenances : The peti- 
tioners therefore pray the Court to appoint a jury of viewers, 
consisting of three discreet and disinterested citizens of said 
county, who shall not be owners of property or residents in 
said school district, and who, having been duly sworn or 
affirmed, faithfully, justly and impartially to decide and a 
true report to make concerning all matters and things sub- 
mitted to them, and having viewed the premises, shall 
establish and determine the quantity and value of the land 



462 COMMON SCHOOL LAW 

SO taken to be used for the purposes aforesaid, and after 
having made a fair and just computation of the advantages 
and disadvantages, shall estimate and determine whether 
any, and if any, what amount of damage has been or may 
be sustained, and to whom payable, and make report there- 
of to this Court. 

And they will ever pray, etc. 

, President. 

Attest : 

, Secretary. 

(Affidavit of the trust of petition to be appended). 

Note — It is not necessary that the report of viewers in proceedings 
under act April 9, 1867, P. L. 51, be signed by all the viewers, a majority 
being suflBcient. 

See School Sites, Sec. 303, 307. 



Acts of Assembly Cited. 



(The references are to pages.) 
1818 



Mar. 3, P. L. 124. 



April 15, P. L. 509, Sec. 

" 15, P. L. 509, " 

" 15, P. L. 537, " 

" 15, P. L. 537, " 

" 15, P. L. 538, " 

" IS, P. L. 537, " 



page; 
. . I 



County of Philadelphia, 
1834 



21. Tax collector, 193 

45. Unpaid tax, 193 

50. Auditors, 203 

51. Attendance of witnesses, 203 

104. Vacancy, 190 

105. Witnesses, 203 

1841 



May 15, P. L. 393, Sec. 3. Fraudulent assessment, 189 



1843 



April II, P. L. 517, Sec. 3. Recovery of unpaid tax. 



193 



May 8, 



P. L. 617, Sec. 

P. L. 617, 

P. L. 617, 

P. L. 617, 
P. L. 618, 

P. L. 618, 

P. L. 618, 

P. L. 617, 

P. L. 619, 

P. L. 619, 

P. L. 619, 

P. L. 619, 

P. L. 626, 

P. L. 620, 

P. L. 620, 

P. L. 617, 

P. L. 621, 

P. L. 622, 

P. L. 617, 

P. L. 617, 



I. 
2. 
3- 
4- 
6. 

7, 
8. 

9. 
10. 
12. 
13- 
14- 
15- 
16. 

17- 
18. 
19. 
20. 
21. 
22. 



I 



1854 

School system, r 

Consolidated districts, 3 

Independent districts, 4 

Vacancies of County Superintendent, 335 

Elections, 34 

Vacancies, 35 

Appointments, 58 

Removal of directors, 65 

Exemption of directors, 41 

OfificerG of board, 45 

Duties of officers, 48 

Duties of secretary, 50 

Pro tempore officers, 63 

Bond of treasurer, 52 

Meetings, 57 

Real estate, 21, 22 

Deeds, 23 

Suits, 23 

Execution, 24, 432 

Conveyance of real estate, 22, 74, yy, 78, 
86, 89, 108, no, IIS, 129, 224 
463 



464 

May 



P. L.617 
P. L. 617 
P. L. 617 
P. L. 617 
P. L. 617 
P. L. 617 

P. L. 6l7; 

P. L. 617 
P. L. 617 
P. L. 617 
P. L. 617 

P. L. 62s 
P. L. 617 
P. L. 617 
P. L. 617 
P. L. 617 
P. L. 617 

P. L. 617 
P. L. 61 7: 
P. L. 629 

P. L. 6l7; 

P. L. 629 



ACTS OF ASSEMBLY CITED 
(The references are to pages.) 

23. Grades of teachers, 249, 255, 294 

" 25. Series of text books, 320 

" 26. Agents, 326 

" 27. Monthly reports, 255 

" 28. Amount of tax 168 

" 29. Adj usted valuation, I74 

" 30. Tax levy. Votes. Minutes, 172 

" 31. Exonerations, \^^, I94 

" 33- Special tax, I79 

" 36. Warrant for state appropriation, 366 

" 37. Count)- superintendent. Visiting 

schools, 351 

38. Branches, 108, 340, 350 

" 39. Election of county superintendent, 332, 335 

41. Teachers, 34°, 344 

" 43. Notice of election, 333 

" 44. Duties of county superintendent, 433 

" 46. Removal of county superintendent, 

352, 357, 358 

'•■ 47. Commissioners' neglect of duty, 359, 362 

48. Errors, 359 

51. Evidence, 26 

52, Acts, 428 

" 49. Duty of commissioners, iS 

1855 



May 8, 



P. L. 509, Sec. 

P. L. 509, " 

P.L. 509, " 

P. L. 509, " 

P. L. 509, " 

P. L. 509, " 

P. L. 509, '•' 

P.L. 511, " 

P.L. 509, '■■ 



April 18, P. L. 410. 



April 18, P.L. 263, Sec. 

" 18, P. L. 263, " 

May 20, P. L. 581, " 

" 20, P. L. 581, " 

" 20, P. L. 581, " 

" 20, P.L. 581, " 



1. Independent district, 428 

2. Proceedings, 429 

3. Duties of assessors, 43^ 

4. Election, 43i 

5. Formation. Independent districts, 4, 432 

6. Proceedings, 432 

7. County commissioners 188, 433 

lb. Election of assessors, 2 

II. Limitation of tax, I74 



1856 



.173 



Taxes, 

1857 

I. Appointment of state superintendent, 

Vacancies, 355, 356 

3. Powers and duties, 357 

1. Normal schools, 393 

2. Number of schools, 394 

3. Management, 395 

4. Boards of trustees, 395 



I 



ACTS OF ASSEMBLY CITED 
(The references are to pages.) 



465 



May 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 20, P. 

" 21, P. 



L. 851, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 581,: 
L. 581, 
Iv. 581, 
L. 581, 
L. 581, 
L. s8i, 
L. s8i, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 581, 
L. 631, 



April 3, P.L. 
" 15, P. L. 680, Sec. 
" 15, P. L. 680, " 



5. Reports. Visitation, 395 

6. Art. I. Buildings, 396 

6. Art. 2 Refectories, 396 

6. Art. 3. Libraries, 397 

6. Art. 4. Professors, 397 

6. Art. 5. Principal, 397 

6. Art. C. Model school, 398 

6. Art. 7. Qualifications, 398 

6, Art. 8. Text books, 398 

6. Art. 9. District account, 398 

6, Art. 10. Compensation, 399 

6, Art. II. Admission of teachers, 400 

6. Art. 12-. Examination, 400, 401 

7. Privileges — Special, 401 

8. Proceedings — Visitation, 402 

9. Graduation — Certificates, .402, 403 

ID. Issuing of certificates, 403 

11. Provisional certificates, 405 

12. Duties of graduates, 405 

13. Duty of superintendent, 405 

I. Auditors, 202, 207 

1859 

Municipal corporation, 9 

1. Normal schools, 406 

2. Requisites, 406 

i860 



Mar. 31, P. L. 382, Sec. 66. Void contracts, 

1862 



139, 418 



April 




P.L. 


471, ' 




« 




P.L. 


471, ' 




" 




P.L. 


471, ■ 




« 




P.L. 


471, ' 




« 




P.L. 


471, ' 




(( 




P.L. 


471, ' 




« 




P.L. 


473, ' 




(( 




P.L. 


474, ' 




(( 




P.L. 


474, ' 




" 




P.L. 


471, ' 




" 




P.L. 


475, ' 




May 




P.L. 


475, " 


April 


17, 


P.L. 


62, Sec 


(( 


22, 


P.L. 


523, ' 





Purpose of act, 35 

2. Vacancies, 34, 37, 38 

3. Meetings, 57 

4. Secretary, 52, 62, 176 

7. Tax on trust property, 177 

9. Independent districts, •■■■33, 455 

10. Alteration, 7 

11. Division of property, 10 

13. Judgment, 197 

14. Oath of office, 332 

15. Trustees, 395 

17. Interest, 326 

1863 

2. Special meetings, 60 

I. Organization, 43, 47, 51 



466 ACTS OF ASSEMBLY CITED 

(The references are to pages.) 
1864 

May 5, P. L. 826, Sec. i. District libraries, 210 

" 5, P. L. 826, ' 2. Purchase of books, 211 

" 5, P. L. 826, " 3. Larceny of books, 211 

" 5, P. L. 826, " 4. Use of books, 212 

" S, P. L. 826, " 5. Rules and regulations, 212 

" 5, P. L. 826, " 6. Librarian, 212 

" 5, P. L. 826, " 7. Duties of directors, 213 

5, P. L. 826, " 8. Books 213 

" 5, P. L. 826, " 9. Ownership, 214 

" 5, P. L. 826, " 10. Free library, 214 

1865 

April 17, P. L. 60, Sec. i. Improvement of teachers, 223 

" 17, P. L. 61, " I. Number of taxables, 359, 364 

" 17, P. L. 62, " I. Certification of new districts, 15 

" 17, P. L. 62, " 3. School months, 49, 224 

" 17, P. L. 62, " 4. Officers of convention, :}3^ 

1866 

April II, P. L. 73, Sec. 16. Allowance to normal graduates, ....408 
May 27, P. L. 88, Election of county superintendents, . .332 

1867 

April 9, P. L. 51, Report of viewers, 122, 123 

" 9, P. L. 51, Sec. 2. Teachers' Institutes, .315 

" 9, P. L. 51, " 3. Attendance — contribution, 315, 316 

" 9, P. L. 51, " 4. Institute accounts, 318 

" 9, P. L. 51, " S. Adjustment, 318 

" 9, P. L. 51, " 7. City and borough superintendents, . .327 

" 9, P. L. 51, " 8. Certificate of election, 328 

" 9, P. U 53, " 9. Authority, 329 

" 9, P. L. 51, " 10. Duties of superintendents, 328 

" 9, P. L. 55, " II. Qualifications, 240, 241 

" 9, P. L. 55, " 12. Provisional certificate, 247", 248 

" 9, P. L. 55, " 13. County superintendent 335 

1868 

April 9, P. L. 76, Sec. i. State appropriation, 365 

1871 

April 21, P. L. 241, Bonds, 155 

May 26, P. L 280, Sec. i. Change of text books, 323 

" 26, P. L. 280, " 2. Penalty, 323 



ACTS OF ASSEMBIvY CITED 467 

(The references are to pages.) 
1872 

Feb. 10, P. L. 100, Preambles, 423 

" 15, P. L. 16, Sec. I. State trustees, 407 

1873 
April 7, P. L. 64, Indebtedness, 156 

1874 

April 20, P. L. 65, Sec. 2. Increase of indebtedness, 147 

' " 20, P. L. 65 " 3. Notice of election, 150 

" 20, P. L. 65, " 4. Result of election, 151 

" 20, P. L. 65, " 5. Definition of indebtedness, 146 

" 20, P. L. 65, " 6. Statement of indebtedness, 147 

" 24, P. L. 112, " I. Meeting of auditors, 203 

" 24, P. L. 112, " 2. Report of auditors, 206 

" 24, P. L. 112, " 3. Penalty 207 

May 8, P. L. 120, " i. Normal school district, 394 

" 15, P. L. 187, " 7. Incompatibility of officers, 41 

" IS, P. L. 187, " 12. Legal residence, 40 

" 23, P. L. 254, " 41. Convcyeance of real estate, 368 

" 23, P. L. 256, " 42. City Treasurer, 388 

" 23, P. L. 230, " 43. Taxes in cities of third class, 200 

" 23, P. L. 256, " 44. Sinking fund, 390 

June 13, P. L. 284, " I. Levy of tax — building tax, 15, 180 

1875 

April 12, P. L. 43, Sec. i. Trustees and their powers, 408 

Election, 409 

State trustees, 409 

First election and appointment, 409 

Quorum, 409 

Classes of trustees, 410 

Distribution of state funds, 410 

Limitation of indebtedness, 411 

Number of votes, 404 

10. Course of study, 397 

1876 

April 12, P. L. 46, Sec. i. Friendless children, 80 

2. Commissioners, 81 

3. Appointment of trustees, 81 

4. Admission of children, 82 

5. Visitors of institutions, ■ 82 

6. Teachers, 82 

Annexation of land, 12, 14 



" 12, P. L. 


43, " 


2. 


" 12, P. L. 


43, " 


3- 


" 12, P.L. 


43, " 


4- 


" 12, P.L. 


43, " 


5- 


" 12, P.L. 


43, " 


6. 


" 12, P.L. 


43, " 


7- 


" 12, P.L. 


43, " 


8. 


" 12, P.L. 


43, " 


9- 


" 12, p. L. 


43, " 


10. 



12, 


P.L. 


46, Sec. 


12, 


P.L. 


46, " 


12, 


P.L. 


46, " 


12, 


P.L. 


46, " 


12, 


P.L. 


46, " 


12, 


P.L. 


46, " 


17, 


P.L. 


38, " 



468 ACTS OF ASSEMBLY CITED 

(The references are to pages.) 

May I, P. L. 91, '* i- Annual statement, 205 

8, P. L. 128, Indebtedness, I53 

8, P. L. 138, " I. Blind children, 79, 320 

" 8, P. L. 157, " I- Deaf mute children, 79 

" 8, P. L. 157, " 2. Expenses, 79 

8, P. L. 179, " I. Officers, 41 

1877 
Mar. 24, P. L. ZT^ Sec. i. Meeting of board of trustees, 410 

1878 

April 12, P. L. 13, Sec. i. State appropriation, 365 

" 12, P. L. 17, Cornplanter Indians, 423 

May 3, P. L. 44, " i. Text books, 324 

" 3, P. L. 44, " 2. Price list of books, 324 

" 3, P. L. 44, " 3. Contracts, 324 

3, P. L. 44, " 4- Penalty, 325 

1879 

June 4, P. L. 89, Sec. i. Normal schools, 420 

" 4, P. L. 89, " 2. Auditor general, 421 

" 4, P. L. 89, " 3. Purchase money," 421 

1881 

May 10, P. L. 16, Sec. i. Redemption of bonds, 152 

" 24, P. L. 29, " I. Sub-school districts, 379 

" 24, P. L. 29, " 2. Directors of independent districts, . .4, 34 

June 7, P. L,. SO, " 2. Report of superintendent, 318 

" 8, P. L. 69, " I. Decree of court, 13 

" 8, P. L. 76, " I. No race distinction, 75 

" ID, P. L. 1 16, " I. Teachers, 93 

" ID, P. L. 116, " 2. School term, 94 

" ID, P. L. 119, " I. Contract, 425, 426 

" 10, P. L. 119, " 2. Bond of trustee, 427, 428 

1883 

May 22, P. L. 37, Sec. i. Evening schools, 103 

" 22, P. L. 37, " 2. Employment of teachers, 103 

" 22, P. L. 37, " 3. Qualification of teachers, 104 

" 22, P. L. 37, " 4. Expenses, 104 

" 22, P. L. 2)7 y " 5- Evening high school, 104 

" 22, P. L. 37, " 6. Admittance, 104 

" 22, P. L. 37, " 8. Procedure, 104 

" 22, P. L. 37, " 9. Act to take effect, loS 

June 22, P. L. 156, " I. Examination — Permanent certificates, 248 

" 22, P. L. 156, " 2. Issuing certificates, 249 



ACTS OF ASSEMBLY CITED 

(The references are to pages.) 

1885 



469 



Branches, 108, 340, 349 

Physiology and hygiene, 349 

Examination of teachers, 246, 247 

City and borough superintendents, .. .327 

Fire escapes, 132 

Approval of fire escapes, 133 

Criminal liability, 133 

Insurance money, 421 

Investment of insurance money, . . . .421 

Embezzlement, 196 

Secretary, 386 

Misdemeanor, 387 

Appeal, 208 

Penalty, 316 

Accounts, 326 

Terms of employment, 250 

School month, 224, 225 

Constitutional, 200 

Vacancy, 190 

Bond of tax collector, 191 

Issuing of duplicates, 191 

Powers and liabilities of tax collector, 191 

Books, 191 

Notice, 192 

Payment, I93 

Exonerations, 194 

Accounts, '. 198 

Unseated lands, 199 

Repeal, 199 

Preambles, 423 

1887 

I. Teachers — Institute, 316 

School district, 317 

Per diem compensation, 317 

9. City and borough superintendent, ...329 

1. Indigent pupils, 80 

Appointment of auditor, 163 

1889 

April 4, P. L. 25, Sec. i. County land, 123 

2. Damages, 123 

3. Viewers, 124 

I. Compensation, 207 

I. Teachers, 105 

I. Directors, 3 

Repeal, 386 



April 


2, 


P.L. 


7, Sec. 


I. 


" 


2. 


P.L. 


7, " 


2. 


" 


2, 


P.L. 


7, " 


3- 


May 


7, 


P.L. 


15, " 


I. 


June 


3, 


P.L. 


68, " 


I. 




3, 


P.L. 


68, " 


2. 




3, 


P.L. 


68, " 


3- 




3, 


P.L. 


71, " 


I. 




3, 


P.L. 


71, " 


2. 




3, 


P.L. 


72, 






II, 


P.L. 


108, " 


I. 




II, 


P.L. 


108, " 


2. 


« 


24, 


P.L. 


162, " 


I. 




25, 


P.L. 


173, " 


I. 




25, 


P.L. 


173, " 


2. 




25, 


P.L. 


175, " 


I. 




25- 


P.L. 


176, " 


2. 




25, 


RL. 


187, 






25, 


RL. 


187, " 


2. 




25, 


RL. 


187, " 


3- 




25, 


RL. 


187, " 


4- 




25, 


RL. 


187, " 


5- 




25, 


RL. 


187, " 


6. 




25, 


P.L. 


187, " 


7- 




25, 


P.L. 


187, " 


8. 


" 


25, 


RL. 


187, " 


10. 




25, 


RL. 


187, " 


II. 




25, 


RL. 


187, " 


12. 




25, 


RL. 


187, " 


13- 


July 


7, 


RL. 


263, 




April 


13, 


P.L. 


20, Sec. 


I. 


" 


13, 


RL. 


20, " 


2. 


ti 


13, 


P.L. 


20, " 


3- 


May 


24, 


RL. 


196, " 


9- 


" 


25, 


P.L. 


271, " 


I. 


June 


I, 


P.L. 


28s, 





" 


4, 


RL. 


25, 


(( 


4, 


RL. 


25, 


May 


4, 


P.L. 


86, 


May 


7, 


P.L. 


no. 


" 


13, 


P.L. 


195, 


" 


23, 


RL. 


274, 



470 



ACTS OF ASSEMBLY CITED 
(The references are to pages.) 



April i6, P. L. 
" i8, P. L. 

23, P. L. 114, 
114, 
172, 
175, 



22, Sec. 
32 " 



May 

a 

June 



23, P. L. 

2, P. L. 
P.L. 

P. L. 228, 
P. L. 252, 
P. L. 306, 

16, P. U 306, 

20, P. h. 578, 



2, 
8, 
9, 
16, 



April 18, 

" 26, 

" 26, 

May 10, 

" 10, 

" 10, 

" 10, 

" 10, 

" 10, 

" 10, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 26, 

" 31, 

June 6, 

6, 

6, 

6, 

6, 

6, 

6, 



P.L. 
P.L. 



P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 
P.L. 



23, 

24, Sec. 

24, " 

34, " 

34, ' 

39, " 

39, ' 

41, " 

41, " 

41, " 

146, " 

146, " 

146, " 

146, " . 

146, " 

146, " 

146, " 

146, " 

146, " 

146, •' 

146, " 

146, " 



333, 
339, 
339, 

342, 
342, 
330, 
330, 



April 10, P. L. 124, 
" 18. P. L. 36, 
" 23, P.L. 41, Sec. 



1891 

I. Controller, 388 

I. Oath, 45 

1. Appropriation, 366 

2. Distribution, 366 

Proceedings, 14 

2. Compensation, 194 

I. Count}' Commissioners, 352 

Statement, 150 

1. Cities 381, 382, 383, 384, 385 

2. Repeal, 386 

I. City treasurer, 389 

1893 
Children of soldiers, 83 

1. Compensation, 351 

2. Removal, 351 

1. Cities of second class, 379 

2. Repeal, 379 

1. Certificates, 252 

2. Applications, 252 

1. Auditors, 202 

2. Duties, 203 

3. Compensation, 203 

1. High schools, 92 

2. Admission 93 

3. Supervision, 93 

4. Visitation, 93 

5. Branches, 93 

6. Teiachers, 93 

7. Term, 94 

8. Real Estate, 94 

9. Grounds and buildings, 94 

10. Site, 94 

II. Tax, 96 

12. Bonds, 96 

Holidays, 225 

Fraudulent assessment, 189 

1. Water closets, 134 

2. Directors, 134 

2. Viewers, 125 

3. Appeal, 126 

1. Removal of directors, 67 

2. Rule, 68 

189s 

Cornplanter Indians, 423 

Indebtedness, 151 

I. Normal schools, 400 



April 23, P. L. 41, 


" 


23, P.L. 41, 


May 


■ 16, P. L. 72, 


June 


: 18, P. L. 203, 


" 


18, P. L. 203, 


" 


18, P. L. 203, 


" 


18, P. L. 203, 


" 


18, P. L. 203, 


" 


23, P. L. 239, 


" 


24, P. L. 245, 


" 


24, P. L. 245, 


" 


24, P. L. 245, 




24, P. L. 254, 




24, P. L. 254, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L> 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 259, 




24, P. L. 413, 




24, P. L. 413, 




24, P. L. 413, 




25, P. L. 27s, 




25, P.L. 275, 




25, P. L. 284, 




25, P. L. 284, 




25, P. L. 284, 




25, P. L. 291, 




25, P.L. 291, 




26, P. L. 331, 




26, P. L. 331, 




26, P. L. 331, 




26, P. L. 324, 




27, P. L. 395, 




27, P. L. 395, 




28, P. L. 413, 




28, P.L. 411, 




28, P.L. 411, 




28, P.L. 411, 




28, P.L. 411, 




28, P.L. 411, 




28, P.L. 411, 




28, P.L. 411, 



ACTS OF ASSEMBLY CITED 47I 

(The references are to pages.) 

" 2. Expenses, 400 

" 3. Repeal, 400 

Compulsory school law, 234 

II. Children, 286 

" 12. Period of exclusion, 287 

" 13. Principal, 287 

" 14. Penalty, 295 

" 21. Imprisonment, 295 

'' I. Separate school district, 383 

" , I. Water supply, 138 

" 2. Audited, 138 

" 3. Auditors, 138 

'■ I. Waste matter, 135 

" 2. Duty of president, 135 

Indebtedness 144 

" I. New district, 14 

" 2. Merger of township, 14 

'■ 3. Court apportion indebtedness, 16 

" 4. Claims, 18 

" 5. Collection, 19 

" 6. Receiver, 19 

" 7. Credits, 19 

" 8. Decrees, 20 

" 9. BoTXiughs, 20 

" 10. Repeal, 20 

'' 4. Appropriations, 97 

5. Teachers, 98 

" 6. Statements, 98 

" I. School districts of third class, 6 

" 2. Cities, 381 

Oath of office, 45 

I. Controllers, 388 

■' 2. Secretary, 388 

' I. Burial places, 124 

" 4. Procedure, 127 

" I. School grounds, 130 

'' 2. Protection, 131 

3. Use of grounds, 131 

■ I. Stenographer, 360 

' I. Sectarianism, 276 

' 2. Penalty, z-j^i 

Teachers of townships, 250 

Library, 216 

' I. Library, 214 

2. May use school house, 215 

3. Taxation, 215 

' 4. Library trustees, 221 

' 5. Supervision, 222 

' 6. Gifts, 215 



472 

June 28, P. L. 411, 

" 28, P. L. 413, 

" 28, P. L. 413, 

" 28, P. L. 413, 

" 28, P. L. 413. 

" 28, P. L. 413, 

" 28, P. L. 413, 

July 3, P.L. 544, 



ACTS OF ASSEMBLY CITED 

(The references are to pages.) 

" 7. High school, 99 

" I. Joint high school, 97 

" 2. Directors, 97 

" 3. Grades of high school, 97 

'■' 7. Teachers, 99 

" 8. Course of study, 99 

" 9. Permanent certificate, 248 

Preambles, 423 



May 



June 



Mar. 1 1 
" 30. 

" 30; 

April 13 
" 29 
" 29 
12 

19 
19 

25 

25 

25 

25 

25 

26 

7 

10, 
10, 

10- 

10, 

10, 

10; 
14 

22 
22 
22, 
22, 

9 
9 

12 

15 
15 
15 
15 
15 
15 
15 
15 
15 



July 



1897 

P. ly. 53, Sec. I. Limitation of indebtedness, 152 

P.L. 10, " I. Aid to libraries, 219 

P. L. 10, " 2. Report of manager, 219 

P. L. 17, Manner of increasing debt, 147 

P. L. 54, '* I. Public documents, 360 

P.L. 54, " 2. Distribution of documents, 360 

P.L. 55, " I. Independent districts, 435 

P. L. 76, Bonds validated, 154 

P. L. 76, " I. School houses, 131 

P. L. 84, " I. Free libraries, 220 

P.L. 84, " 2. Appropriation, 221 

P. L. 85, '•■ I. Cities of third class, 189 

P. L. 85, " 2. Assessment 189 

P.L. 85, " 3. Repeal, 390 

P.L. 94, Special tax, 179 

P.L. 130, " I. Text books, 323 

P.L. 139, " I. Validate indebtedness, 158 

P. L. 139, " 2. Notice, iM '.:;.... 158 

P. L. 139, '■' 3. Tax to pay debt, .... . .'. . . •■. 160 

P. L. 139, " 4. Bonds, 160 

P. L. 139, ' 5- Act, 160 

P. L. 139, " 6. Repeal, 160 

P. L. 149, " 2. Parent or guardian, 84, 85 

P.L. 181, " I. Transportation of children, 87,88 

P.L. 181, " 2. Expenses, 88,89 

P.L. 188, " I. Legal holidays, 225 

P.L. 193, " I. Stenography and typewriting, 262 

P. L. 216, " I. School directors, 37 

P. L. 233, " I. United States flag, 132 

P. L. 248, Private teachers, 234 

P. L. 271, " I. Appropriation, 361 

P. L- 271, " 2. Basis of distribution, 361 

P. L. 271, " 3. Taxables, 362 

P. L. 271, " 4. Duties of board, 362 

P. L. 271, " 5. Assessors, 362, 363 

P.L. 271, " 6. Enumeration and enrollment, 363 

P. L. 271, " 7. Penalty, 363 

P. L. 271, " 8. Blanks, 363 

P. L. 271, " 9. Repeal, 364 



July 22, p. L. 402, 

" 22, P. L. 305, 

" 22, P. L. 305, 

" 22, P. L. 305, 



ACTS OF ASSEMBLY CITED 473 

(The references are to pages.) 

Preambles, 423 

" I. Per capita tax, 175 

" 2. Collection, 175 

" 3. Purpose of per capita tax, 175 



Mar. 18, P. L. 11, Sec. i. Triennial convention, 351 



April 



18, P. L. I, 
4, P-L. 31, 

II, P.L. 38, 
II, P.L. 658, 
II, P.L. 658, 
II, P.L. 38, 
II, P.L. 38, 

19, P. L. 64, 



2. Misdemeafior, i 352 

School term, .^..49, 223 

1. Township school boards, 300 

2. Misdemeanor, 229, 230 

3. Attendance officers, 230,231 

2. Nuisances, 300 

3. Sanitary agent, 300 

Duty of assessors, 362, 363 



Mar. 


8, 


P.L. 


49, Sec 


" 


8 


P.L. 


49, " 


« 


22 


P.L. 


55. 


April 


II 


P.L. 


78, " 


« 


23 


P.L. 


93, 


« 


25, 


P.L. 


105, " 


" 


25 


P.L. 


105, " 


It 


25 


P.L. 


105, " 


" 


25 


P.L. 


105, " 


" 


25 


P.L. 


105, " 


May 




P.L. 


169, " 






P.L. 


169, " 






P.L. 


169, ' 






P.L. 


169, " 






P.L. 


176, " 






P.L. 


179, 






P.L. 


180, " 






P.L. 


183, " 






P.L. 


183, " 






P.L. 


183, " 






P.L. 


185, " 




17 


P.L. 


262, 




21 


P.L. 


269, 




22 


P.L. 


290, " 




22 


P.L. 


290, " 




29 


P.L. 


319, 


June 


4, 


P.L. 


364, " 


" 


4 


P.L. 


364, '■■ 




20 


P.L. 


578, " 



I90I 

1. Branches, 108, 109 

2. Physical culture, no, 246 

Orphans and friendless children, .... 83 

I. School houses for literary purposes, 

132,277 

Free kindergartens, 77 

1. Centralization, 99 

2. School board, 99 

3. Elections and ballots, 100 

4. Issuing of bonds, 100, 157 

5. As amended by June 26, 1901, P. L. 600. 
Instruction and transportation of pupils, 100 

I. Private property for library purposes, 216 
2. Damages. Viewers, etc., 217 

3. Duty of viewers, 217 

4. Trial by jury 218 

I. Manual training of children, 107 

Distribution of library, 216 

I. Library trustees, 221 

1. Monthly report, .* 255 

2. Limitation of provisions of the act,. .255 

3. Annulment, 255 

I. Exceptions, 209 

Salary of county superintendent, . . . .234 
Qualifications, 246 

1. Bonded indebtedness, 411 

2. Bonds and mortgages, 411,412 

Subjects not taxable, 176 

2. Lien of taxes, 187 

10. Claims, 187 

I. Treasurers, 200 



474 



June 20, P. L. 578, 
" 20, P. L. 578, 



July 



25, P. L. 

25, P. L. 

26, P. L. 
0, P. L. 
o, P. L. 
o, P. L. 



598, 
598, 
600, 
632, 
632, 
632, 



I, P. L. 658, 



P.L. 
P.L. 



658, 
658, 



P. L. 658, 
P. L. 658, 



ACTS OF ASSEMBLY CITED 
(The references are to pages.) 

" 3. Levying taxes 201 

" 8. School taxes to be collected, 201 

" I. Supervising principals, 329 

" 2. Duties of principal, 329 

Instruction and transportation of pupils,ioo 

" I. School grounds, 412 

" 2. Viewers, 413, 414 

" 3. Costs, 414 

" I. Parents, guardians, etc., 227,228 

" 4. List of children, etc., 232 

" 5. Report of teacher, 233 

' 6. Misdemeanor, 233 

" 7. Appropriation withheld 234 



Feb. 
April 



5 
2 
2 
2, 
3 
3 
13 
13 
13 
14 
I4i 
14 
14 
14 
14 
21 
21 
21 
22 
22 
22, 
22, 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 



1903 

P.L. 4, Sec. I. School district, 9 

P.L. 133, " I. Free public libraries, 222 

P.L. 133, " 2. Establish libraries, 219 

P. L. 133, " 3. Annual report, 220 

P.L. 142, " I. Enlargement of school district, 11 

P. L. 153, " I. Children, loi 

P. L. 169, " I. Commission, 424 

P.L. 169, " 2. Plans, 425 

P. L. 169, " 3. Contract, 425 

P.L. 172, " I. School directors, trustees, etc., 313 

P.L. 172, " 2. Disinfect, 313 

P.L. 172, " 3. Approval of method, 313 

P.L. 172, " 4. Schoo' session, 314 

P.L. 172, " 5. Appropriation, 314 

P.L. 172, " 6. Pine for neglect, 314 

P. L. 229, " I. Collector of tax, 194 

P. L. 229, " 2. School directors and collectors, 195 

P. L. 229, " 3. Misdemeanor, 196 

P.L. 237, " I. Independent districts, 5,436 

P.L. 237, " 2. Reversion of property, 436 

P. L. 237, '' 3. Application of act, 437 

P.L. 259, '■ I. Money payable to school districts, ...437 

P.L. 271, " I. Election, 30,32 

P. L. 271, " 2. Election, 30 

P.L. 271, " 3. Designation of ballot, 31 

P. L. 272, " 4. Vacancies, 31 

P. L. 272, " 5. Directors elected under former laws, 31 

P. L. 272, '• 6. Appointment by Court, 31 

P.L. 274, " I. Jurisdiction of courts, 239 

P.L. 274, " 2. Action of the judge, 240 

P. L. 274, " 3. Probation officers, 241 

P. L. 274, " 4. Commitment of child, 241, 242 

P. L. 274, " 5. Guardianship 242 

P. L. 274, " 6. Care of the child, 242 



ACTS OF ASSEMBLY CITED 475 
(The references are to pages.) 

April 23, P. L. 274, " 7- Jail, police station, etc., 243 

" 23, P. L. 274, " 8. Limit of commitment, 243 

" 23, P. L. 274, " 9. Religious belief. Approved family 

home, 243 

" 22, P. L. 274, " 10. Delinquent child, 244 

" 23, P. L. 274, '■ II. Trials upon indictment, 244 

" 23, P. L. 285, Institutions receiving state aid, 418 

" 25, P. L. 314, " I- Institutions for scientific and educa- 
tional instruction, 376, 380, 390 

" 25, P. L. 315, " I- Summer assemblies, 359 

June 6, P. L. 330, " I. To remove directors, 67 

1905 

Mar. 16, P. L. 40, Sec. i. Attending high school, loi 

" 24, P.L. 51, " I. Athletics, 77,109,389 

" 27, P. L. 60, " I. Branches, 108, 109, 246 

" 27, P. L. 60, " 2. Animals, 109 

27, P. L. 60, " 3. Reports, 109 

April 8, P. L. 120, Assessment, 188 

" 10, P. L. 124, Cornplanter Indians, 423 

10, P. L. 131, Children, 228 

" 10, P.L. 139, " I. Directors, 354 

" 10, P. L. 139, " 2. Directors' meeting, 64 

14, P. L. 169, " I. Trespass, 438 

" 14, P.L. 169, " 2. Fine and penalty, 438 

14, P. L. 169, " 3. School fund, 438 

" 20, P. L. 228, " I. City teacher's institute, 319 

" 20, P.L. 228,' " 2. Rules, 376 

" 20, P. L. 228, " 3. Publicity, 377 

" 20, P. L. 231, Free libraries, 186 

" 20, P.L. 231, " 3. Taxation, 215 

" 20, P. L. 234, Subject not taxable, 176 

" 22, P.L. 267, " I. Cities of first class, 368 

" 22, P.L. 267, " 2. Sectional school boards, 369 

" 22, P. L. 269, " 4. District superintendents, 371 

" 22, P. L. 269, " 5. Teachers, 372 

" 22, P.L. 270, " 6. Teacher's retirement fund, 373 

" 22, P. L. 270, " 7. Buildings, 373 

" 22, P. L. 270, '■ 8. Assistants, 374 

" 22, P. L. 271, " 9. Expenditures, 374 

" 22, P. L. 271, " 10. Board of education, 375 

" 22, P. L. 271, '■ II. Repeal, 375 

" 22, P. L. 282, " I. School houses, 130 

" 22, P. L. 282, " 2. Lighting, 130 

" 22, P. L. 282, " 3. Protection of property, 130 

" 22^ P. L. 285, Election of secretary, 46 

" 22, P.L. 296, " I. Procedure, 26 

" 22, P. L. 296, " 2. Certificate, 26 

" 22, P. L. 297, " 3. Fee, 27 



476 ACTS 01? ASSEMBLY CITED 

(The references are to pages.) 

Transcripts, 27 

Cities of third class, 383 

Fourth class school district, 6 

Election of school directors, 29 

Township high school, 367 



April 22, 


P. L. 297, " 


4- 


" 22, 


P. L. 272, " 


I. 


" 22, 


P. L. 272, 




May 4, 


P. L. 388. 




" II, 


P.h.596, " 


8. 



Table of Cases. 



(The references are to pages.) 

—-A— FACt 

Abell vs. Clark, 84 Cal. 226, 294 

Allegheny County vs. Shaw, 34 Pa. 301, 310 

Allegheny County vs. Watt, 3 Pa. 462, 3io 

Assessor's Compensation, 17 Pa. C. C. 572, 237 

— B— 

Baer vs. Weaver, 3 Kulp 57, 2°5, 206 

Baker vs. Wilhelm, 7 Pa. C. C. 214, 32i, 322 

Barber vs. Newbaker, 19 Pa. C. C. 664, 32i 

Beaver County Commissioners, 14 D. R. 491, 3o8 

Bitting vs. Commonwealth, 20 W. N. C. 178, 5 

Black vs. School District, 16 Montg. 179, 52 

Bloomsburg School Directors, 121 Pa. 293, "7 

Board of Education vs. Minor, 23 Ohio 211, 285 

Board of Public Education vs. Ransley, 209 Pa. 51, 2 

Borough School Directors, 29 Pa. C. C. 468, 33 

Borough School Superintendent, 13 Pa. C. C. 458, 339 

Boyle vs. Summitt Twp. School Di.'-trict, 28 Pa. C. C. 35i, 89 

Brown vs. Hummel, 6 Pa. 86, 91, 344 

Brown vs. West Salem School District, 30 Pa. C. C. 124, 307 

Buckwalter vs. Lancaster County, 12 Pa. Superior Ct. 272, 190 

Burke vs. School District, 28 Pa. Superior Ct. 16, 252, 261 

Burke vs. School District, 28 Pa. Superior Ct. 16, 172 

Burton vs. Fulton, 49 Pa. 151, ^^ 

Butts vs. Howley, 5 Kulp 338, 325 

Butler Twp. School District, 158 Pa. i59, 45,66 

— C— 

Cake vs. Philadelphia & Erie R. R. Co., 87 Pa. 307, 4i6, 417 

Cassidy vs. Janauechek, 7 Phila. 325, 265 

Carlisle Boro. School District vs. Carlisle Boro., 11 D. R. 294, I77 

Carlisle School District vs. Humrich, 18 Pa. C. C. 322, 40 

Cascade School District vs. Lewis School District, 43 Pa. 318, . ..89, 91 

Cavanaugh vs. Cass School District, 6 Pa. C. C. 35, 25 

Certificates to College Graduates, 14 Pa. C. C. 108, 254 

Chalfant vs. Edwards, 173 Pa. 246, 29 

Chamberlain vs. Hartley, 152 Pa. 544, 35 

City of Erie School District vs. Smith, 195 Pa. 515, 387, 390 

Coal and Iron Co. vs. Dunphy, 11 D. R. 218, 171 

Coal Twp. School Directors, 2 Pa. J. L. R 237, 307 

Commonwealth vs. Baker, 13 D. R. 448, 387 

Commonwealth vs. Bauman, 50 P. L. J. 109, 294 

477 



478 TABLE OF CASES 

(The references are to pages.) 

Commonwealth vs. Board of Education, 187 Pa. 70, 387 

Commonwealth vs. Bryant, 5 Clark 78, 272 

Commonwealth vs. Cochran, i S. & R. 473, 121 

Commonwealth vs. Conewago School District, 18 York 125, 302 

Commonwealth vs. Directors Brookville Boro. School District, 164 

Pa. 607, 76 

Commonwealth vs. Ebert, 3 Pa. J. L. Rep. 252, 274 

Commonwealth vs. E. & N. R. R. Co., 27 Pa. 339, 253, 416 

Commonwealth vs. Evans, 102 Pa. 394, 383 

Commonwealth vs. Fletcher, 180 Pa. 456, 47 

Commonwealth vs. Gibson, 196 Pa. 97, 62 

Commonwealth vs. Gilligan, 191 Pa. 504, 386 

Commonwealth vs. Grimes, 116 Pa. 450, 235 

Commonwealth vs. Gruver, 13 Pa. Superior Ct. 553, 198, 199 

Commonwealth vs. Guthrie, 203 Pa. 204, 209, 386, 387 

Commonwealth vs. Guy, 13 D. R. 213, 308 

Commonwealth vs. Harman, 4 Pa. 269, 310 

Commonwealth ex rel Heisey vs. Risser, 3 Pa. Superior Ct. 196, 

172, 256, 259, 261, 27s 

Commonwealth vs. Howell, 195 Pa. 519, 387 

Commonwealth vs. Jenks, 154 Pa. 368, 78,348 

Commonwealth vs. Johnson, 24 Pa. Superior Ct. 490, 56 

Commonwealth vs. Joyce, 3 Pa. Superior Ct. 609, 55 

Commonwealth vs. Kerr, 25 Pa. C. C. 645, 49 

Commonwealth vs. Mackin, 8 Kulp 176, 52 

Commonwealth vs. McCullough, 12 D. R. 258, 237 

Commonwealth vs. Meanor, 167 Pa. 292, 40 

Commonwealth vs. Middleton, 210 Pa. 582, 386, 388 

Commonwealth vs. Myers, 170 Pa. 380, "j-^ 

Commonwealth vs. Pease, i Dauphin 47, 25 

Commonwealth vs. Penns Twp. School District, 31 Pa. C. C. 552,. . 90 

Commonwealth vs. Philadelphia, 176 Pa. 588, 343 

Commonwealth vs. Reynolds, 137 Pa. 389, 386 

Commonwealth vs. Risser, 3 Pa. Superior Ct. 196, 

172, 256, 259, 261, 275 

Commonwealth vs. R. R. Co., 27 Pa. 339, 253, 416 

Commonwealth vs. School Directors, 8 Pa. Superior Ct. 257, 9 

Commonwealth vs. School Directors, 51 P. L. J. 374, 9 

Commonwealth vs. Shaw, 96 Pa. 268, 348 

Commonwealth vs. Smith, 14 York 69, 289 

Commonwealth vs. Sulzner, 198 Pa. 502, 56 

Commonwealth vs. Sweigart, 9 Pa. Superior Ct. 455, 199 

Commonwealth vs. Titman, 148 Pa. 168, 199 

Commonwealth vs. Upper Swatara Twp. School District, 164 Pa. 603. "jd 

Commonwealth vs. Walker, 145 Pa. 235, 357 

Commonwealth vs. Wenner, 211 Pa. 637, "jj 

Commonwealth vs. Wickersham, (:^ Pa. 134, 332 

Commonwealth vs. Wickersham, 90 Pa. 311, 338 

Commonwealth vs. Whitlock, 12 D. R. 791, 41, 47, 209 



TABLE OF CASES , 479 

(The references are to pages.) 

Commonwealth vs. Virtue, 13 Luz. L. Reg. Rep. 191, 56 

Conley vs. Directors West Deer Twp., 32 Pa. 194, 428 

Conney vs. Gardner, 16 Pa. C. C. 547, 122 

Connor's Appeal, 103 Pa. 356, 182 

County of Allegheny vs. Shaw, 34 Pa. 301, 310 

County of Allegheny vs. Watt, 3 Pa. 462, 310 

County of Erie vs. City of Erie, 113 Pa. 360, 176 

County of Northampton vs. Innes, 26 Pa. 156, 310 

Cousins vs. Burgie, 13 D. R. 368, 289 

Craig vs. Kline, 65 Pa. 399, 344 

Creswell vs. Montgomery, 13 Pa. Superior Ct. 87, 193 

Croyle Twp. School District, 29 Pa. C. C. 93 302 

Custer vs. School District, 12 Pa. Superior Ct. 102, 267 

— D— 

Darby Boro. School District's Appeal, 160 Pa. 79 163 

Darby vs. Sharon Hill, 2 D. R. 485, 162, 163 

Dechart vs. Commonwealth, 1 13 Pa. 229, 121, 345 

Denison School District, 6 Kulp 457, iq6 

Dennison Twp. vs. Padden, 89 Pa. 395, 256, 257, 259 

Dickinson Twp. vs. Linn, 46 Pa. 341, 55, 118, 266 

Donahoe vs. Richards, 38 Me. 379, 284 

Dolan et al vs. Lackawanna School District, 10 D. R. 694, . .. .144, 147 

Donaldson vs. York Co. School Superintendent, 8 D. R. 185, 344 

Duffield vs. School District, 162 Pa. 476, 264, 296, 297, 305 

Duquesne College Charter, 12 Pa. C. C. 491, 254 

Dyberry School District vs. Mercer, 115 Pa. 559, 564, 256, 259 

Dyer vs. Covington, 19 Pa. 200, 115 

— E— 

East Hopewell Twp. School District, 7 D. R. 177, 90 

Edinboro Normal School vs. Cooper, 150 Pa. 78, 264 

Elmwood Lumber Co. vs. Frey, 19 Pa. C. C. 56, 139 

Erie vs. Erie, 1 13 Pa. 360, 176 

Erie School District vs. Smith, 195 Pa. 515, 390 

Ex parte Steinman, 95 Pa. 220, 344 

— F— 

Ferree vs. Sixth Ward District, -jd Pa. 2)7(>, 120 

Field vs. Commonwealth, 32 Pa. 478, 354 

Field vs. Robinson, 198 Pa. 638, 264, 288, 296 

First National Bank vs. Rush School District, 81 Pa. 307, 115 

Flood vs. Masey School District, 9 Kulp 385, 23 

Forcey vs. Caldwell, 9 Atlan. 46G, 50 

Ford vs. School District, 121 Pa. 543, 23 

Francis vs. School District, 41 P. L. J. 19, 326 

Freeman vs. School Directors, 2,7 Pa. 385, 90, 348 

Fritchey vs. School Directors, 19 Pa. C. C. 388, 139 

Funk vs. Waynesboro School District, 3 Sadler 177, 123 



.480 . TABLE Of CASES 

(The references are to pages.) 

— G— 

Gearhart vs. Dixon, i Pa. 228, 170 

Gensee Twp. vs. McDonald, 98 Pa. 444, 450, 61. 173, 256, 261 

Gerhard vs. Packer Twp. School District, 9 D. R. 720, 305 

German Twp. School District, vs. Sangstcn, 74, Pa. 454, 179, 182 

Gilbert et al. vs. Tierney, 14 Pa. C. C. 472, 178, 180, 182 

Girard Will Case, 2 Howard, (U. S.) 127, 282 

Goswiler's Estate, 2 P. & W. 200, 345 

Groff's Appeal, 128 Pa. 621, 416, 417 

Gross's Appeal, 179 Pa. 24, 69 

~H— 

Hackett vs. Emporium School District, 150 Pa. 220, 185, 186 

Hamilton vs. Kill, 8 Luz. L. Reg. 108, 29 

Hart vs. School District, 2 Lane. Law Rev. 346, 277 

Harvey vs. Boies, i P. & W. 12, 279 

Heard vs. School District, 45 Pa. 93, 75 

Heckerman vs. Hummel, 19 Pa. 64, 416 

Heckman vs. Board of Controllers, 51 P. L. J. 81, 325 

Heidler's Petition, 122 Pa. 653, 13 

Heisey vs. Risser et al., 3 Pa. Superior Ct. 196, 172, 256, 259, 261 

Hoover vs. Reap, 10 Kulp 59 196 

Hughes vs. Goodell, 3 Pitts R. 264, 114 

Hysong vs. School District, 164 Pa. 629, 348 

— I— 

Independent School District, 5 Del. 16, 5 

In re Borough of Wayne, 7 Del. 545, 73 

In re contested Election of Gilleland, 96 Pa. 224, 34 

In re East Hopewell Twp. School District, 7 D. R. 177, 90 

In re Kibby Family, 12 D. R. 527, S. C, 2 Pa. J. L. R. 167, 308 

In re Normal School, 5 D. R. 501, 408 

In re Opening Pearl Street, iii Pa. 565, ,..417 

In re School Directors, 3 Kulp 59, 157 

In re School District of Alden Boro., 23 Pa. C. C. 416, 73 

In re School District Luzerne Boro., 3 Kulp 162, 11 

In re Wolfe's Petition, 8 Kulp 181, 13 

Irvin vs. Gill, 155 Pa. 8, 169 

-J- 
Jackson Twp. School District, 1 1 York 15, 123 

— K— 

Kaine vs. Commonwealth, loi Pa. 490, 76 

Keating vs. Jordan, 181 Pa. 168, 60 



table; of cases 481 

(The references are to pages.) 

Kell VS. Rudy, i Pa. Superior Ct. 507, 349 

Kibby Family, 12 D. R. 527, 308 

Kittanning School District's Appeal, 179 Pa. 60, 72 

Knew vs. Krause, 3 Pa. C. C. 563, 40 

Krickbaum vs. School Directors, 3 Kulp 30, 325 



Legrange Independent School District, 7 D. R. 719, 5 

Lazarus vs. Morris, 29 Pa. C. C. 505, 123 

Lehigh Coal Co. vs. Rahn School District, 9 D. R. 692, 186 

Lueder vs. Caffrey et al., 9 Kulp 144, 186 

Luburg's Appeal, 23 W. N. C. 454, 144 

Lyndall vs. Board of Education, 10 D. R. 655, 266 

— M— 

Maloney vs. Rogers et al., 6 Kulp 289, 322 

Mason vs. Caffrey, 9 Kulp 414, 118, 181, 196, 206 

Mason vs. School District, 10 Kulp 563, 149 

Mathewson et al. vs. School Directors, 23 Pa. C. C. 121, 172, 180 

McCrea vs. Pine Twp. School District, 145 Pa. 550, ^t 

McCrea vs. School District, 145 Pa. 550, 264, 267, 349 

McKean et al. vs. Brown et al., 3 Kulp 266, 150 

McLeod vs. Normal School, 152 Pa. 575, 412 

Medical College of Phila., 3 Wharton 445, 254 

Mershon vs. Baldridge, 7 Watts 500, 357 

Miller vs. Clement, 205 Pa. 484, ill 

Mitchell vs. Kearns, 16 Pa. Superior Ct. 354, 185 

Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 322, 325 

Mitchell vs. McCormick, 9 Kulp 286, 171 

Mohney vs. Cook, 26 Pa. 342, 279 

Moore vs. Monroe, 64 Iowa z^"], 284 

Mt. Pleasant School District, 20 Pa. C. C. 60, 13 

Muncy Boro. School District, vs. Commonwealth, 84 Pa. 469, ....116 
Munhall Boro. School District, 207 Pa. 638, 18 

— N— 

Newry School District, 11 Pa. Superior Ct. 592, 14 

Nicklas Petition, 146 Pa. 212, 75 

Nissley vs. Hummelstown Boro. School District, 5 D. R. y^P; • -75, 294 

Normal School vs. Cooper, 150 Pa. 78, 264 

Normal School, In re, 5 D. R. 501, 408 

Northampton vs. Innes, 26 Pa. 156, 310 

Norwegian Street, 81 Pa. 349, 345 

— O— 

O'Donnell vs. School District, 133 Pa. 162, 25 

Old Forge School District's Indebtedness, 22 Pa. Superior Ct. 239,. . 9 
Overton School District, 7 D. R. 61 1, 34 



482 TABI,E OF CASES 

(The references are to pages.) 
— P— 

Palairet's Appeal, 67 Pa. 479, 344 

Parker Twp. School District vs. Bruin Boro. School District 13 

D. R. 769, 16, 18, 144, 155, 162, 163 

Patterson vs. School Directors of Cecil Twp., 24 Pa. C. C. 574, 90 

Pearl Street, In re Opening of, iii Pa. 565 417 

Pennsylvania R. R. Go's Appeal, 93 Pa. 150, 416, 417 

Peiffer vs. Reno, 29 Pa. C. C. 145, 88, 115 

Petition of Barr, 188 Pa. 122, 69, 72 

Philadelphia vs. Scott, 81 Pa. 80, 344 

Phila. & Reading Coal and Iron Co. vs. Porter Twp. School Dis- 
trict, 14 D. R. 581, 155, 157 

Philips vs. Barnhart, 27 Pa. Superior Ct. 26, 175 

Pittsburg Junction R. R. Co's Appeal, 122 Pa. 511, 417 

Pittston Twp. School District, 12 Luz. 472, 67, 181 

Pittston Twp. School District, 30 Pa. C. C. 92, 67, 181 

Porter vs. School Directors, 18 Pa. 144, 55, 208 

Price vs. Scranton School Controllers, i Lack. Bar 47, .'326 

Public Institutions, 13 D. R. 341, 420 

-Q- 

Quicksall vs. Philadelphia, 177 Pa. 301, 417 

— R— 

Reading vs. Berks County, 22 Pa. Superior Ct. ^y^ 177 

Reading vs. Krause's Estate, 167 Pa. 23, 345 

Removal of School Directors, 14 D. R. 717, 6S 

Reiser vs. Saving Fund Association, 39 Pa. 137, 144, 345 

Richards vs. Joyce, 8 Kulp 572, 150 

Ross's Appeal, 179 Pa. 24, 72 

Roth vs. Marshall, 158 Pa. 272, 122, 325, 345, 348 

Runkle vs. Commonwealth, 97 Pa. 328, 121, 345 

Rutledge vs. McCune, 10 Kulp 57, 139 

— S— 

Scheibner vs. Baer, 174 Pa. 482, 346 

Schlaudecker vs. Marshall, 72 Pa. 200, I2I 

School vs. Stoner, 16 Montg. 107, 55 

School Boards, 11 D. R. 134, 412 

School Directors, vs. Anderson, 45 Pa. 388, 121, 348 

School Directors vs. McBride, 22 Pa. 215, 141 

School District vs. Padden, 89 Pa. 395, 256, 257, 259 

School Directors of Bloomsburg, 121 Pa. 293, 67 

School Directors of Lower Salford Twp., 19 Pa. C. C. 264, 138 

School District of Erie vs. Fuess, 98 Pa. 600 24 

School District of Hatfield Twp., 43 Leg. Int. 277, 5 



{ 



TABLE OF CASES 483 

(The references are to pages.) 

School District of Marcy Twp., 5 Kulp 64, 5 

School District vs. Mercer, 115 Pa. 559, 172 

School District vs. Pitts, 184 Pa. 156, 178, 198, 200 

School District vs. School District, 6 Pa. C. C. 38, 25, 26 

School District vs. Sangston, 74 Pa. 454, 179, 182 

School District vs. Smith, 195 Pa. 515, 189, 387 

Schuylkill County vs. School Directors, 42 Pa. 21, 176 

Scranton School District vs. Simpson et al., 133 Pa. 202, 389 

Sewickley School District vs. Osburn School District, 6 D. R. 211,. . 83 

Shannon vs. School Directors, 10 Kulp 544, 325 

Shartzer vs. School Board, 90 Pa. 192, 207 

Sheetz et al. Norristown Boro. School District, 11 D. R. 403, 146 

Sherry vs. Jenks, 154 Pa. 368, 261, 348 

Smithfield Borough, 23 Pa. C. C. 583, 16 

South Western State Normal School, 26 Pa. Superior Ct. 99, 418 

Spiller vs. Woborn, 12 Allen 127, 284 

Sprague vs. Baldwin, 18 Pa. C. C. 568, 295 

Springboro School District's Case, 21 Pa. C. C. 23, 121 

Stevenson vs. Hanyon, 7 D. R. 585 285 

Still vs. Reber, 63 Jan. T. Sup. Ct. 1906, 300 

Stincliff & Co. vs. Taylor Twp. School District, 10 D. R. 679, 48 

Stormfeltz vs. Manor Turnpike Co., 13 Pa. 555, 417 

Stroup's Petition, 10 D. R. 301, 342 

St. Clair School Board's Appeal, 74 Pa. 252, 185 

St. Mary's Church, 6 S. & R. 505, 253 

Sugar Notch Borough, 192 Pa. 349, 287, 296, 297 

Sullivan County vs. Middendorf, 7 Pa. Superior Ct. 71, 190 

Superintendent of Public Schools, 14 D. R. 635, 340 

Swatara Twp. School District's Appeal, i Pa. Superior Ct. 502,.... 

■ • • • 198, 199, 200 

Swatara Twp. School District vs. Geesey, 7 D. R. 173, 205 

— T— 

Taylor vs. School District, 4 Lack. Leg. N. 231, 139 

Teacher's Certificates, 16 Pa. C. C. 403 404 

Teacher's Institute, 6 Pa. C. C. 24, 017 

Thomas vs. School District Henry Clay Twp., 6 D. R. 230, 226 

Thompson vs. East Marlborough School District, i Chest. 493, 121 

Tobin vs. Morgan, 70 Pa. 229, 173 256, 260 

Township of Dickinson vs. Linn, ^G Pa. 341, 55^ ng 266 

Trainer vs. Wolf, 140 Pa. 279, 4^0 

Tuigg vs. Treacy, 104 Pa. 493, 235 

— U— 

Updegraph vs. Commonwealth, 11 S. & R. 393, 278 

_V— 

Vanaredale vs. Laverty, 69 Pa. 103, 261 

Verona Boro. School District's Appeal, i Mona. 697, 169 



484 TABLE OF CASES. 

(The references are to pages.) 

— w— 

Walker vs. Edmonds, 197 Pa. 645, 169, 171, 179 

Watkins Twp. School District, 70 Pa. no, S 

Watkins Twp. School District, 18 Pa. Superior Ct. 293, 8 

Wayne Twp. School Directors vs. Rosencrans, 30 Pa. C. C. 9, 312 

West Chester School District vs. Darlington, 38 Pa. 157, 177 

Westfield Boro. School District vs. Dillman, 22 Pa. C. C. 567, 91 

West Wheatfield Twp., 10 D. R. 76, 313 

Wharton vs. School Directors, 42 Pa. 358, 150, 325, 348 

Whitehead vs. School District, 145 Pa. 418, 267, 268, 348 

Williams Twp. vs. Williamstown, 9 Pa. C. C. 65, 11, 

Windsor vs. McVeigh, 93 U. S. 274, 345 

Witherop vs. Titusville School Board, 7 Pa. C. C. 451, 149, 187 

Witmer's Appeal, 15 Atlan. 428, 22 

Woodward vs. Pittsburg, 194 Pa. 193, 417 

— Y— 

Young vs. Pymatuning Twp. School District, 14 D. R. "jtz^ 91 

— Z— 

Zeisweiss vs. James, 63 Pa. 465, 280 

Zies vs. Latimer, 28 P. L. J. 366, 139 

Zulich vs. Bowman, 42 Pa. 83, 61 



GENERAL INDEX. 



(The references are to the Sections.) 

Abandoned. 

land for school purposes, 308 

Abolition of School Districts — See "school districts," 20 

Abolished School Districts. 

adjustment, 20 

moneys — debts, division thereof by court, 20 

Academies. 

fire escapes, 328 

taxation — certain academies are exempt from school 
tax, 407 

Accounts. 

annual, accounts of school board — publication of, 
failure, misdemeanor, 480 

form of school directors' annual statement of ac- 
count, 937 

libraries, school directors, 492 

treasurer of school board to make annual settle- 
ment of accounts, 147 

settlement of accounts, 153, 154 

Actions. 

merged, actions of school district, by or against, 53 
school districts, by or against, 42 

Addresses. 

president, secretary, treasurer of school board to be 
sent to superintendent of public instruction, 134 

Adjoining Townships. 

joint high schools, may be established by, 260 

Adjoining School Districts. 

attending school in, 242, 272 

contracts, between adjoining school districts, 245 

disputes among directors or controllers of, to be 

settled by superintendent of public instruction, 723 
school boards, discretionary power of, relative to 

adjoining school districts, 243 



486 GENERAL INDEX 

, (The references are to the Sections.) 

Admission to High Schools — See "high schools," 248 

Adverse Possession. 

school board cannot acquire title to land by, 308 

Age. 

school age, 195 

school age for children to attend free kindergartens, 202 

Agreements — See "forms." H. 

adjoining school districts to form joint schools, 245 

teacher and directors, between, 936 

Agriculture. 

school for instruction of, may be established by 
city councils of any city, 783 

Air space. 

school rooms, 321 

Alteration of School Districts — See "school districts," 20 

Animals. 

experiments on living animals forbidden, 290 

kind treatment of, 289- 

Annexation of Land for Educational Purposes — See 

"eminent domain," "condemnation of land." 

procedure, 31 

viewers and reviewers, 31 

report of, 34 

Appeal — See "eminent domain" and "condemnation of 
real estate." 

auditor's report by taxpayer, time, 489 

settlement, time, 488 

award of viewers, appeal from, condemning burial 
grounds, 315 

Appointments. 

directors, power to make appointments. 
Apprenticeship. 

form for apprenticeship of child by a public charit- 
able institution, 956 



gkne;rai:v index 487 

(The references are to the Sections.) 

Appropriation — See "state appropriation," 737 

Appropriation of Lands — See "eminent domain," "con- 
demnation of real estate." 

bond of school district for damages for, form of 
bond, gc^^ 

petition to assess damages for a school-house lot, 
form of petition. 064 

Art Galleries. 

taxation of, exempt from school tax, 407 

Assault and Battery. 

corporal punishment, right to use, 602, 603 

defined, 603 

teachers' right to use corporal punishment, 602, 603 

Assessment. 

additional assessment to be made on persons mov- 
ing into district between last assessment and first 
of May, 430 

county rates and levies for school purposes, 391, 398 
fraudulent assessment of taxes, misdemeanor, 433 

independent school district in, . 3 

taxes for school purposes, 429 

Assessors. 

additional assessment to be made on persons mov- 
ing into district, time, 430 
authority of, o 
borough, ^ 
children, duty to make list of children, 541 
election of, by whom elected, 3 
fraudulent assessment, misdemeanor, 433 
duties of, o 
independent school district, duties of, in, 917 
salary, how paid, C46 
township, ^ 

Associations of Learning. 

taxation, certain kind of associations of learning ex- 
empt from school tax, 407 

Athletics, 201, 288 



488 GENERAL INDEX 

(The references are to the Sections.) 

Attachment. 

against school district, 65 
enforcement of orders and decrees against school 

districts, 52 

evening schools, directors refusal to establish, 280 

premature, when, 69 

Attendance — See "compulsory attendance." 

notice, secretaries' official notice of absence to par- 
ent or guardian, form of notice, 960 
schools closed, by reason of small attendance, 235 
report of attendance by teacher, form of report, 959 

Attendance Officers. 

compensation of, 538 

employment of, 536 

powers of, under "compulsory school law," .536 

Attending School in Adjoining School Districts, 242 

Attest, 

secretary of school board of directors to officially 

attest all deeds and contracts of the board, 135 

Attorney, 

employment of, by president of school board, 130 

fees, cannot be taxed as costs, 194 

Auditors. 

accounts of school treasurer, 469 
tax collectors or school treasurer not settled at 
proper time, 479 
adjustment of indebtedness between school dis- 
tricts, 384 
appeal from, treasurer, 163 
borough, accounts of school treasurer, 469 
claims, presentation of, 474 
collection of taxes, to settle accounts of, 478 
compensation of auditors, 486 
in independent school districts, 472 
duties, failure for neglect of, 485 
duties of, in independent school districts, 471 
election, in independent school districts, 470 
expenditures made by directors — control, 477 
independent school districts, duties of, in, 47I' 



ge;ne;ral inde;x 489 

(The references are to the Sections.) 

Auditors — Continued. 

libraries, annual report of managers of, to, 516 

meetings of, annual meeting, 473 

oaths and affirmations, power to administer, 475 

failure to take, 484 

report, appeal from, by taxpayer, 489 

publication, filing copies of, 483 

settlement of, appeal from, time, 488 

conclusive unless appeal taken, 487 

school directors with tax collector, 302 
settle, may, accounts of township auditors not au- 
dited at regular time, 479 
school directors forbidden to hold office of, 108 

ineligible to office of, election, 490 

may be compelled to furnish statement of re- 
receipts and expenditures to, 481 
township, accounts of school treasurer, 469 

settlement of treasurer's accounts, 162 

treasurer's accounts, 152 

legal proofs of claims, 474 

witnesses, power to compel attendance of, 475 

Ballots. 

centralization ballots for, form of ballots, 270 
of schools, 269 
designation thereon, election of borough officers, 83 
form of ballots for election to issue bonds in pursu- 
ance of centralization, 372 

Bank. 

school funds, treasurer's liability, 164 
Benevolent Institutions. 

taxation, exempt from school tax, 407 
Bible— See "books." 

Bible is not a sectarian book, 610 
reading of, in public schools not sectarian instruc- 
tion, 610 

Birds. 

kind treatment of birds. 289 



490 GENERAL INDEX 

(The references are to the Sections.) 

Blanks. 

health authorities to furnish to teachers and phy- 
sicians necessary certificates for purposes re- 
quired in sees. 6ii, 612, 613, 617 

Blank Forms — See "forms." 

superintendent of public instruction, duty to pre- 
pare and forward necessary, 726 

Blind Children. 

books for blind children, 657 

education, expense of, 210 

Board. 

children attending joint schools, how paid, 240 

pupil's, payment, 298 

Board of Controllers — See "controllers." 

school, high school, power to establish, 247 

Boards of Directors and Controllers. 

organization of boards of directors and controllers, 
chapter V, 116 

Board of School Directors — See "directors." 

election, return of, how made, 90 
employment of physician by , liability of school dis- 
trict, 629 
health, township school board to exercise power of 

board of health, 623 

high school, power to establish, 247, 248 

minutes, agreement for transporting pupils to 

school, 241 

nuisances, abatement of, in townships, 624 

tie vote, how to decide, lOi 

townships in, abatement of nuisances, 624 

vacancies, how filled, term, 80 

water supply, contract for, 337 

Board of Health. 

sanitary agent, appointment of, in townships, form 
of petition, 625, 945, 633 

school directors may be compelled to organize as, 
mandamus, 627 



GENERAL INDEX 491 

(The references are to the Sections.) 

Board of Health — Continued. 

townships, powers and duties, 623 

school board to exercise power of boards of 

health, 623 

duties of school board in, 626 

Board of Public Education. 

cities of first class, appointment and term, 757 

Bonds. 

assessment, illegality of, does not invalidate bonds, 367 
appropriation of land, form of bond of school dis- 
trict for damages for, 955 

bonds of school district, 48 

centralization, bonds for, 270 

collector of school tax, form of bond, 940 

contractors, bonds, power of school boards to ap- 
prove, 340 
high school purposes, 258 
irregularly issued bonds, recall of, 378 
issue of bonds by school board, 300 
issuing bonds, new bonds for old at different rate 

of interest, 362 

increase of indebtedness, 356 

in pursuance of centralization, 372 

lawful debt, bona fide purchasers, protected, 366 

purchasers, bona fide, protected, 365, 366 

redeemed, may be, before or after maturity with 

consent of holders, 362 

tax collector's bond, renewal of, 436, 439 

treasurer of school district, form of bond, 939 

board of school directors, 147 

validated issued since i8th day of April, 1895, 364 



Books. 



agents for sale of books, who cannot act as agents, 

misdemeanor, punishment, 673, 674 

blind children, books for, 657 

change of text books, penalty, 666, 667 

restricted in cities of second and third class, 
act to be accepted, 668, 669, 670, 671 

directors to select books, 285 

furnished free, for use of schools, 66.^ 

high school books, used in, 251 



492 ge;neral index 

(The reference* are to the Sections.) 

Books — Continued. 

library, larceny of books, how punished, 493 

lost, liability for loss of books, 494 

legal possession of books, 499 

ownership of books, 499 

purchase of books, 492 

title to books, 493 

selection of books, 497 

use of books regulated, 494 

use of books, 498 

meeting of directors and teachers for selection of 

school books, 656,659,660,663 

president of school board, unlawful to be interested 

in the furnishing of books or any other supplies, 674 
purchase, ordinary school tax may be used for the 

purchase of school books, in 

school books, 664 

school books, legal requirements, 658 

school books, restraining, 672 

school books in cities of second and third class. 

act to be accepted, 669, 670, 671 

restraining purchase of school books, 672 

report, monthly, to be deposited with secretary of 

school board, 137 

selection of school books, 656 

teachers meeting with directors for, manda- 
tory, 659, 663 
object of teachers meeting with school board, 663 
series of school books, when and how selected, 656, 663 
vacation, use of school books during vacation, 665 
Boroughs — See "city and borough superintendents," 676 
a school district, 22 
alteration of borough lines, effect, 20 
annexation of land for educational purposes, 31 
annexing portion of township, to share existing in- 
debtedness, 38, 42, 380 
assessors, boroughs to elect separate assessors, 3 
auditor, compensation of borough auditor, 486 
incompatible with that of school director, 109 
report of borough, see "auditor," 483 
building tax not to be levied during erection of a 
borough or division of township or school dis- 
trict, 416 
charter of borough, adopting of city, 106 



GENERAL INDEX -493 

(The reference* are to the Sections.) 

Boroughs — Continued. 

corporation, a distinct municipal, 23 
cutting a borough out of a township, 22 
directors, effect of adopting city charter, 106 
change of residence, 105 
number increased by petition to court, 5 
erection of, affecting tax levy, 40 
every borough a separate schoool district, 2 
formed of part of a township becomes distinct dis- 
trict, 22 
health, board of township not required to act for 

new borough, 24 
high schools in certain, 247 
incorporated from a township, is distinct and sep- 
arate, 23 
from a township, when not, distinct and sep- 
arate, 25 
compensation for school property, 44 
indebtedness, collection of, 49 
how credited, 51 
judgments against, land taken for library purposes, 509 
laws, subject to different, 23 
libraries, aid from councils, 517, 518 
councils may aid free public, 517, 518 
may be maintained by adjoining township, 515 
councils, may take private property for library 
purposes, 507 
merger of school districts, apportionment of indebt- 
edness, 38, 45, 380 
a township into one or more, 38 
officers, created by act 1903, appointment of, by 

the court of quarter sessions, 86 

election of, ballots, 83 

of school board, 119 

residence, change of, effect, 105 

schools, controller to establish, 195 

directors (application of act, April 23, 1903), 87 

directors, election of, 78 
directors, election of, in boroughs not divided 

into wards, 82 

directors, to elect six, 87 

directors, three to be elected for each ward, 4 

district erected out of township, 38 
districts of, shall share in rights and liabilities 

of townships from which formed, 42 



494 GENERAL INDEX 

(The references are to the Sections.) 

Boroughs — Continued. 

property, secured by incorporation, compensa- 
tion, 44 
secretary of school board of, election, 121 
single school district, creation of, 4 
suits, against, record of, 73 
superintendent of schools, boroughs having a popu- 
lation of over five thousand may elect a borough 
superintendent of schools, 6"]^ 
tax collector, election of tax collector in boroughs, 435 
collection of taxes in cities, 435 
special for high school purposes, 257 
township and borough one school district, 25 
merger into, rights and liabilities, 38 
merged into one borough school district, 53 
vaccination, liability for expenses incurred by board 

of health, employing physician, 631 

wards, not divided into, to have six school directors, 81 

Borough Institutes — See "city and borough institutes," 

652, 655 
Borough School District — See "boroughs." 

compensation, need not give for real estate of town- 
ship annexed to, 21 

Borough Superintendent of Schools — See "city and bor- 
ough superintendent." 

Borough Superintendent. 

supervision of high school, 265 

Borrow Money — 'See "indebtedness." 

interest, 346 

Branches of Study. 

alcoholic drinks, effects of alcoholic drinks, stimu- 
lants and narcotics upon human system required ' 
to be taught in public schools, 707 

athletics, > 201 

calisthenics, 292 

required to be taught, 292 

directors to direct, 251 

to select, 285 

duty of county superintendent to see that certain 

branches are taught in the schools, 699 



GENERAL INDEX 495 

(The references are to the Sections.) 

Branches of Study — Continued. 

hygiene, county superintendents report on instruc- 
tions of, 707 
mechanic arts, 201 
narcotics, effects of narcotics upon human system 

required to be taught in pubHc schools, 707 

physical culture, 292 

physiology, county superintendent's report on in- 
struction, 707 
required to be taught, 286 
required to be taught in cities of first and sec- 
ond class, 288 
teachers' monthly report of, 585 
stenography, 593 
stimulants, effects of stimulants upon human sys- 
tem required to be taught in public schools, 707 
typewriting, 593 

Buildings. 

debts, surplus of ordinary school tax may be used 

for payment of debts for building purposes, 412 

erecting, special tax authorized for purpose of 

erecting and furnishing buildings, 418 

furnishing, special tax authorized for purpose of 

erecting and furnishing buildings, 418 

high, school purposes, 255 

lease of, special building tax may be used to lease a 

building and fit it up as a school house, 422 

renting of, for high school purposes, 255 

repairs, ordinary school tax may be used for pay- 
ment of occasional repairs when there is no build- 
ing tax or fund, 411 
school purposes, duty of directors to provide, 317 
tax, "public high school building tax," 257 

Buildings, School. 

air space, 321 

class rooms, 321 

contract, awarding of, 343 

for erection of school buildings, unrecorded 

minutes, 345 
heating school building, 344 
void, 341 
contractor's bond, power of school board to ap- 
prove, 340 



496 GENERAL INDEX 

(The references are to the Sections.) 

Buildings — Continued. 

bonds, issuing, to erect school buildings, 372 

breaking into, at night, etc., burglary, 493 

or unlawful entry, misdemeanor, 325 

erection of, school buildings, 317 

on land owned by the county, 310 

borrowed money, when court will enjoin, 349 

fire escapes, 328 

heating school buildings, 321 

contract for bids, 344 

literary purposes, may be used for, 326 

libraries, selection of, for purposes of, 491 

use, for purposes of, 502 

lighting, 320 

location of school buildings, 305 

review by the courts, 306 
plans and specifications, 318, 319 

protection of, 325 

renting of, 317 

sites for, 304 

report of viewers, 367 

taking land for, 303 

void contract, 341 

United States flag, 327 

value, measure of, in adjusting indebtedness, 382 

ventilation, 321 

water closets, 331 

Building Tax— See "taxation," "school taxes," "tax." 
amount, building tax cannot lawfully exceed the 
amount of the ordinary school tax for the same 
year, 414 

collection of building tax, 413 

extent of building tax, amount, 413 

lease, may be used to lease a building and fit it up 

as a school house, 422 

levy, building tax can only be levied when there is 
a levy for ordinary school purposes for same 
year, 414 

cannot be levied for ordinary repairs, but may 
be for "completing improvements in school 
buildings contemplated at the time of their 
erection," 421 

may be levied at any time not oftener than once 
in each school year, 413 



GENERAL INDEX 497 

(The references are to the Sections.) 

Building Tax — Continued. 

not to be levied during division of township or 
school district or erection of a borough, 416 

lien of taxes, 427 

mis-appropriation of special tax may render di- 
rectors personally liable, 424 
ordinary tax to be kept separate from the building 

tax, 417 

purposes for which special tax may be used, 

413,- 418, 420, 421, 422 
separate, building tax to be kept separate from the 

ordinary school tax, 417 

special for building purposes, 413 

Burial Grounds. 

condemning, procedure, 316 

taxation, burial grounds not used for private or cor- 
porate profit, exempt from school tax, 407 
■ viewers, appeal from award of, 315 
public, taken for school purposes, 313 

Burglary. 

breaking into school house at night, etc., 493 

library, breaking into at night, etc., 493 

Business. 

organization at meeting of school board, 120 

Calisthenics. 

required to be taught, 292 

Candidate. 

director, school, cannot act as judge of the election, no 
rival, 122 

determination of the rights of school directors. 

Centralization. 

bonds, issuing for, 270 

bonds, issuing in pursuance of election, 372 

defined, 267 

elections for, 269 

instruction, course of, 271 

petition for, 268 

vote, 268 



498 GENERAI, INDEX 

(The references are to the Sections.) 

Centralization of Schools. 

question may be submitted every two years, 268 

Certificate — See "forms." 

committee on permanent certificates at city and 

borough institutes, 654 

election of, school directors, 123 

examination for permanent for teachers, 575 

health authorities to furnish to teachers and phy- 
sicians necessary blanks for purposes of sec. i, 
II and 12, act 1895 (sec. 611, 612, 613), 617 

indebtedness, redeeming, 362 

interstate county, 582 

permanent — election of teachers holding, 577 

state teachers' certificates, granting to college 

graduates, 581 

state teachers' certificates, power to annul, 580 

state teachers' certificates, to whom granted, 579 
physicians, to admit certain pupils excluded from 

school under "public health acts," 612 

showing disinfection, purpose of, 612 

practical teachers' state certificate, forms of, 952 

tax collector's to county commissioners, of unpaid 

school tax on unseated lands, form of, 943 

to prothonotary of unpaid balance due from 
collector, form of, 944 

teachers', annulled by county superintendent, no- 
tice, 703,704 
countersigning teachers' certificate by county 

superintendent, 702 

employed minor, 229 

for teaching in high schools, 252 

permanent, issued on recommendation of in- 
stitute committee, 576 
permanent, to whom granted, 574 
professional, renewal, 573 
professional, to whom granted, 571, 572 
vaccination, physicians of, under sec. 12, act June 

18, 1895, _ 615 

forms of physician's certificates of, 958 

of, must be presented by pupils, 616 



ge;neral index 499 

(The references are to the Sections.) 

Changes. 

in school districts, 20 

Charitable Institutions. 

children from other districts, 199 
inmates, do not require right to free admission to 

public schools, 199 

taxation, exempt from school tax, 407 

Charter. 

city adopting of, 106 

Charts. 

agents for sale of, who cannot act as agents. Mis- 
demeanor. Punishment, 673 

Children. 

admission of friendless children to home for a, 218 
apprenticeship of child by public charitable insti- 
tution, form of, 956 
assessors to make list of, 541 
attending high school in adjoining district, 272 
higher grades of schools in another school dis- 
trict, 2.71 
joint schools, payment of board, 240 
schools in adjoining school district, 242 
blind, books for, 657 
commitment, by juvenile court, 557 
in juvenile court, limit of, 5^2 
corporal punishment, right of teachers and parents, 

602, 603 

compulsory attendance, application of act, 531 

deaf mute, expense of education, 209 

delinquent, care of, by probation officer, 560 

"delinquent child" defined, 549 

under age of twelve years, commitment, 565 

"dependent child" defined, 549 

destitute, education of, 212 
discretionary power of school boards, relative to 

school, shall attend, 243 

employment of children, . 223 

not to be under certain age, 223 

school teacher's certificate, 229 

employer's register, contents, 224 



500 gbne;raIv inde^x 

(The references are to the Sections.) 

Children — Continued. 

excluded from school because of "public health 

acts," period of exclusion, 612 

friendless, admission of, to the public schools, tu- 
ition, 221 
education of, " 212 
homes for, 212 
guardianship, juvenile court, 559 
high school, attending in another school district, 272 
home — approved family; commitment — juvenile 

court, 564 

"incorrigible child," defined, 549 

indigent, blind, education, expenses, 210 

trial, unlawful to confine child — certain cases, 561 

jurisdiction of courts of quarter session affecting 
treatment and control of dependent, neglected, 
incorrigible and delinquent children, 548 

legal adoption — juvenile court, 559 

"neglected child," defined, 549 

non-resident, tuition, 246 

ofifences out of school, jurisdiction and authority of 

teachers over, 604 

orphan, admission of, to public school, tuition, 221 

police station, unlawful to confine child — ^in certain 

cases, 561 

probation officer, care of delinquent child, 560 

punishment — rights of parents and teachers, 602, 603 
quarter sessions, power of courts over children un- 
der sixteen years of age, 547 
reformatory, discharge from, 558 
refused admission to school, because they cannot 
produce a certificate, their parents are not liable 
to penalty of compulsory education law, 616 
religious belief, commitment, 563 
residing in house in which persons are suffering 
from certain diseases — not allowed to attend 
school, 611 
rights and duties of — duty of superintendent of 
public instruction to give information, relative to 
— See "school laws," 724 
school, right to attend, 197 
schools for deaf mute children, 208 
soldiers of, 222 
teachers' monthly report of, 585 
transportation, provided for attending school, 234 



GBNIIRAI. INDEX 501 

(The references are to the Sections.) 

Children — Continued. 

transportation, under system of centralization, 271 

trials upon indictment, 566 

truants, disposition of, 537 

vaccination of, is a condition precedent to admis- 
sion into the public schools, 5i6 
vaccination, right of school directors to exclude 
pupils from school for failure to be vacci- 
nated, 628 
right of teachers to exclude from schools for 
failure to be vaccinated, 614 
vagrant, education of, 212 

Cholera. 

child residing in same house in which any person 
is suffering from, not allowed to attend school, 61 1 

duty of health authorities to furnish daily to per- 
sons in charge of schools, the names and location 
of persons suffering from, 61S 

duty of physicians to report to secretary of school 
board in townships names and residences of per- 
sons afflicted, 623 

Christianity. 

part of the common law of Pennsylvania, 610 

Christmas Day. 

see "legal holiday," 5^7 

Churches. 

taxation, exempt from school tax, 407 

Cities. 

annexation of land for educational purposes, 31 

charter, adoption of, 106 

see "city and borough superintendents," 676 

classification of, 795 

classification, ly, 18, 19 

controllers to establish schools, 195 

directors, school, change of residence, effect of, 105 

three, for each ward, 4 

every, a separate school district, 2 

first class, 17, 795 

second class, 18, 795 



502 ge;ni;ral index 

(The references are to the Sections.) 

Cities — ^Continued. 

third class, 19, 795 
high schools in, 247 
officers of school board, 119 
single school district, 4 
school directors, election of, 78 
three in each ward, 79 
superintendent of schools, cities having population 
of over five thousand may elect city superintend- 
ent of schools, 676 
three school directors to be elected for each ward, 4 
treasurer, bond, 184 

Cities of First Class. 

appropriation for school purposes, 780 

board of public education, a corporation, titles, 

powers and duties, 781,782 

appointment and term, 757 

appointments to educational position made by 
board, names of appointees must me among 
three highest on eligible list, ' 773 

duties of, 761 

oath of office, 759 

organization, 760 

to prescribe mode of determining qualifica- 
tions of applicants for teachers, 771 
vacancies, eligibility, 758 
city council may establish institutions for scientific 

and educational instruction, trustees, 783 

classification of cities, 795 

constitutes a separate school district, 13 

district superintendent, appointment, powers and 

duties, 770 

compensation, 770 

eligible lists, names of persons appointed to any edu- 
cational position must appear among three high- 
est on list, 773 
expenditures, 780 
janitors, appointment, compensation, 778 
public health, rules and regulations, 784, 785, 786 
sectional school board, agents, 769 
election, term, 762 
eligibility, oath, compensation, 764 
powers and duties of, 766 
organization, report, 'jd'j 



GENKRAI. INDE;x 503 

(The references are to the Sections.) 

Cities of First Class — Continued. 

secretaries, 768 

vacancies, 76c 

superintendent of buildings, appointment, security, 

qualifications, 776 

deputies, appointment of, yj'j 

superintendent of schools, compensation, 770 

powers and duties, election, 770 

superintendent of supplies, appointment, security, 

powers and duties, 770 

assistants, appointment, yj^^ 

teachers, certificates of, 772 

election of, 787 

eligible lists, 773 

qualifications of applicants, 771 

teacher's retirement fund, 775 

Cities of Second Class. 

branches required to be taught, 288 

books — ^change of text books retricted, 

793, 668, 669, 670, 671 
classification of cities, 795 

constitutes a separate school district, 14 

directors, power of directors of sub-districts, 790 

mechanics, arts, 792 

members of school board forbidden to hold office 

of emolument, 788 

school board, forbidden to employ any member 
thereof in any capacity in which compensation is 
attached, 788 

school books, purchase and awarding of contracts, 

act to be accepted, 669, 670, 671 

school books, change of, restricted, act to be ac- 
cepted, 668, 671 
schools, athletics, 792 
schools for scientific instruction — may establish 

schools for, 704 

sub-school districts — power of directors of, 790 

Cities of Third Class. 

annexing adjoining school district, 37 

assessment of taxes in cities of third class, 434 

athletics in public schools, 821 

books — change of schoool books restricted, 822 



504 GENERAI, INDEX 

(The references are to the Sections.) 

Cities of Third Class — Continued. 

purchase of school books, 822, 668, 669, 670, 671 
bond of secretary of board of school control, 

amount, condition, 803 

branches, required to be taught, 821 

classification of, 795 

constitute a separate school district, 15 

city treasurer ex-officio school treasurer, 818, 819 

controllers, annual organization of board, 800 

election of, 798 

election of two for the same term, 804 

may administer oath of office to each other, 816 

oath of, form of oath, copy to be filed, 815 

officers of board of controllers, 800 

powers of, 797 

secretary of board of, salary of, 802 

secretary to qualify president, 817 

terms of, 798 

vacancies, filling of tickets, 805, 806, 807 

vacancies, how filled, 799 

vacancies in offices of board of, 801 

constitute a separate school district, 796 

election of controllers, 798 

election of two school controllers for the same 

term, 804 

institutions for scientific and educational instruc- 
tion may establish, 826 
mechanic art schools, 821 
oath of school controllers, form of oath, copy to 

be filed, 815 

organization of school board, secretary to qualify 

president, 817 

secretary of school board, members of board pro- 
hibited from holding office of secretary thereof, 813 
schools — athletics, 821 

school boards — members prohibited from being 
employed by said board where any compen- 
sation is attached, 813 
members of, prohibited from holding the office 
of secretary thereof, 813 
school books, change of restricted, act to be ac- 
cepted, 668,671,822 
purchase and awarding of contracts, act to be 
accepted, 669, 670, 671 
schools — mechanics' art schools, 821 



GENERAI, INDEX 505 

(The references are to the Sections.) 

Cities of Third Class — Continued. 

school taxes, certification of assessment to school 
board, levy, 824 

scientific and educational instruction, establish- 
ment, 826 

taxes, city treasurers to be collector of school taxes, 820 
school, levy, 823 

text books — change of, restricted, 822 

treasurers of, shall, by virtue of their office, be col- 
lectors of city, school and poor taxes, 820 

treasurer of school funds, 818, 819 

City and Borough Institutes. 

attendance, superintendent to report number to 
board of school directors, number of days each 
teacher attended, 651 

authorized to be held in certain cities and bor- 
oughs, 652 

appropriations for, may be drawn from county 
treasurer, 653, 643 

committee on permanent certificates, 654 

funds for support of same may be drawn by super- 
intendent from the county treasurer, 653 

revenues for city and borough institutes, 653 

superintendent of schools may call a teachers' in- 
stitute, 653 

support, funds for may be drawn by superintend- 
ent from county treasurer, 653 

teachers' attendance to be reported to board of 
school directors, 651 

time for holding city teachers' institute, notice, 655 

City and Borough Superintendent. 

county superintendent, city and borough superin- 
tendents, not subject to authority of county super- 
intendents, 682 
election, certificate of election, commission, 677 
election of city and borough superintendent, 676 
eligibility of city and borough superintendents, 697, 698 
teacher's institutes for city and borough superin- 
tendent authorized to call, 652, 653 
cities, boroughs and townships having a popula- 
tion of over five thousand and may elect a su- 
perintendent of schools, 6y6 
city teachers' institute, time for holding, notice, 655 



5o6 ge;neraIv inde;x 

(The references are to the Sections.) 

City and Borough Superintendents — Continued. 

duties of city and borough superintendents, 678 

hygiene — report on instructions of hygiene to be' 

made by city and borough superintendents, 707 

physiology — report on instructions of physiology to 

be made by city and borough superintendents, 707 

qualifications, 676 

report, annual report, 679 

on instructions of physiology and hygiene, 707 

to boards of directors and controllers daily 

attendance of teachers at county institute, 646 
teachers' attendance at city and borough insti- 
tutes, to board of school directors, 651 
salary, 676 
teachers' institutes, superintendent to report to 
board of school directors number of days each 
teacher attended, 651 
term of office, dyd 
time for holding city teachers' institute, notice, 655 
townships, cities and boroughs having a population 
of over five thousand may elect a superintendent 
of schools, 676 

City Superintendent of Schools — See "city and borough 
superintendents." 

City Teachers' Institute. 

time for holding, notice, 655 

Class Rooms. 



air space, 


321 


Classification. 




cities. 


17. 18, 19 


school districts. 


12 


Collateral Inheritance Tax. 




libraries, gifts to, free from, 


504 


Collections. 




claims against school districts, time. 


48 


indebtedness of school districts. 


49 


College. 




fire escapes. 


328 


taxation, exempt from school tax. 


407 



GENERAL INDEX 5^7 

(The references are to the Sections.) 

College Degrees. 

power to confer, 581 

College Graduates. 

permanent state teachers' certificates, granting to, 581 

Compulsory Attendance. 

application of the act, 530 

assessors to make list of children, between ages of 

6 and 16, 541 

assessor, salary, how paid, 546 

attendance officers, compensation of, 538 

neglect of duty, a misdemeanor, 543 

power of, 536 

children, to what the act apply, 531 

employers of children, report of, 532 

excuse, when school-boards may, 529 

fines, disposition of, under act, 535 

governess, defined, 545 

need not have teachers' certificate, 545 

guardians, duty of, 529 

misdemeanor, neglect of duty, by teacher or person 

in parental relation, 533 

notice to parent, 534 

parents, duty of, 529 

parents of children refused admission to school, are 
not liable to penalty provided by compulsory edu- 
cation law, 616 
private teacher, need not have teachers' certificate, 545 
public health acts not in conflict with, 616 
secretary of school board, neglect of duty, misde- 
meanor, 543 
service of summons on parents or guardian, form of 

service, 9^3 

special schools for truants, 539 

state appropriation — withheld for neglect to en- 
force compulsory law, 544 
summons on parent or guardian, form of summons, 962 
superintendent of schools, neglect of duty a misde- 
meanor, 543 
teachers' duty to report pupils three days without 

excuse, 54^ 

truants, attendance officers, power of, _ 536 

disposition of, 537 

proceedings against, 540 



508 GENERAI. INDEX 

(The references are to the Sections.) 

Commerce. 

schools for instruction of, may be established by 
city's council of any city, 783 

Commercial Papers. 

see "drafts," "warrants," purchase by school 
boards, 300 

Common Pleas, Court of. 

adjusting indebtedness, power to make rules for 

collection and payment, 386 

appeal from award of viewers, land taken for li- 
brary purposes, notices, 510, 511 
appointment of sanitary agents in townships, peti- 
tion, 625 
form of petition, 945 
appointment of indebtedness between districts, 45 
auditor's settlement, appeal to, time, 488 
controllers of school, abuse of official discretion, 

remedy, 305 

debt, authority to authorize under act 1871, 368 

directors, school, abuse of discretion, remedy, 305 

directors, school — power to remove, 190 

division of school district composed of a borough 

and township, 25 

evening schools, may order directors to establish, 280 
indebtedness, power to adjust, 369 

indebtedness, adjustment by common pleas, 380 

independent school districts created by — when they 

may be abolished, 923 

library — appointment of viewers to ascertain dam- 
ages of land taken, 508 
manual training night schools, may compel estab- 
lishment, 284 
oath of office of county superintendent may be ad- 
ministered by judge of, 686 
petition for support of homes for friendless chil- 
dren, 213 
rules for collection and payment of school district 

indebtedness, 49 

school directors, increase of number of, petition, 79 

trustees, authorized to sell real estate, 58 

viewers, appointment of — land taken for school 

sites, 303 



GENERAL INDEX 509 

(The references are to the Sections.) 

Common Pleas, Court of — Continued. 

appointment of, when land taken for library 

purposes, 508 

appointment of, to condemn burial grounds, 314 

Common Schools. 

annual report to legislature by superintendent of 
public instruction, 727 

department of, "see department of public instruc- 
tion," 717 

establishment of, - I 

laws, duty of superintendent of public, to give in- 
formation relative to, 724 

superintendent of, yiy 

Common School System. 

special and statutory, 241, i 

Common School Education. 

in cities of the first class, see "cities of the first 
class," _ _ 757, 787 

in cities of second class, see "cities of second class," 

788, 794 

in cities of the third class, see "cities of the third 
class," 795 

Commissioners, County — See "county commissioners." 

taxable inhabitants, duty to certify to number, 41 

triennial enumeration of taxables, duty to make, 41 

Commissioner of Roads, Office of. 

incompatible with that of school director, 109 

Committee of School Directors — See "directors." 

powers of expulsion and suspension of school chil- 
dren, 295 

Compensation. 

due, 44 

directors, school, attending annual meeting, 183 

secretary, board of school directors, 133, 143, 144,411 
township school district cannot demand compensa- 
tion from a borough for real estate annexed to 
borough, 21 



SIO GENERAL INDEX 

(The references are to the Sections.) 

Compensation — Continued. 

treasurer of board of school directors, 147, 158 

teachers salary, see "Teachers," 136, 150 

Complaint. 

general form of, 957 

"Compulsory School Law." — See "Compulsory attend- 
ance," 529 

Condemnation of Real Estate. — See "Eminent Do- 
main," "Sites." 

normal schools, appeal from award of viewers, 890 

see "eminent domain." 

normal schools — 

enlargement of school grounds, bond, 884 

petition for appointment of viewers, 885 
viewers, estimate of damages, report, 885, 886, 887 

Conduct. 

examination of, pupil, 249 

Consolidated School Districts. — See "School Districts." 

election of separate boards of directors, 4 

controllers, powers, duties, 4 

organization, 4 

property — real and personal, 4 

Constable, Office of. 

incompatible with that of school director, 109 

Constitution of 1790, i 

Constitution of Pennsylvania. 

article I, section 3, 610 

article I, section 6, 46 

article III, section 3, 43 

article III, section 7, 813 

article III, section 8, 622 

article III, section 7, 622 

article IV, section 8, 719, 721 

article IV, section 20, 718 

article VI, section 4, 117 

article IX, section 8, 347, 350 

article IX, section 10, 357 



GENERAL INDE;x 5II 

(The references are to the Sections.) 

Constitution of Pennsylvania — Continued. 

■ article X, section i, 390 

article X, section i, 622 

article X, section 2, 610 

article X, section 3, 103 

Constitutional Law. 

act of June 24, 1895, P. L. 259, is constitutional, 381 
act of June 18, 1895, P. L. 203 is constitutional, 622 

Contractors. 

bidders, awarding of contracts, 343 

bonds, power of school boards to approve, 340 

Contracts. 

adjoining- school districts between, 245 

awarding, by school directors, 343 

bids, 343,344 

execution by school districts, 60 

heating school house, bids, 344 

indebtedness, how to determine whether they are 
lawful by reason of their increasing the indebt- 
edness, 353 
minutes of board of directors for transporting pu- 
pils, 241 
order on school treasurer, 299 
preserved, by secretary of board of school directors, 141 
pupils to be instructed in adjoining school district, 242 
school board, authority to, 341 
school districts, between, 245 
signed by president of school board, 127, 60 
see "forms" teachers' contracts, 589 
teacher's contract of employment, 577, 578 
teachers', validity of teachers' contracts, 587, 589 
transportation of children, to or from school, 239 
minutes of board of directors, 241 
to schools of adjoining district, 241 
directors not to be a party to, 239 
void, 341 
warrant on school treasurer, 299 
water supply, power of directors, term of, 337 

Contribution. 

formation of new school district, 28 



512 GSNERAIv INDEX 

(The references are to the Sections.) 

Controllers and Directors, Boards of — See "Directors," 
"Controllers." 

organization of, chapter V, 1 16 

Controllers. 

accounts, separate accounts to be kept of all mon- 
eys expended for school supplies, 675, 664 
annual meeting with , tax collector to determine 

amount of unpaid taxes, 450 

attendance officers, employment, 536 

books, select — ^see "books," 285 

bonds, redeemed, may be, before or after maturity 

with the consent of the holders, 362 

Bonds — 

issuing for centralization, 270 

issuing for high school purposes, 258 

sale books, notice to teachers of joint meeting for 

selection of, 661,662 

borrow money for high school purposes, 258 

may borrow money, 346 

building school, duty to procure, 317 

committee of expulsion and supervision of pupils, 295 
consolidated districts, powers, duties, 4 

contractor's bond, power to approve, 340 

county institutes, required to pay teachers attend- 
ing, _ 645 
disputes among, to be settled by superintendent of 

public instruction in certain cases, 723 

duty, neglect or refusal to discharge — mandamus, 305 

election of, in cities of third class, 798 

establish high school in any school district, 259 

evening schools, duty to establish — see "evening 

schools," 274 

refusal to establish, 280 

expenditures for protection of property, 323 

expenses of school, liability for, 297 

payment of, 297 

fire escapes, criminal liability for neglect of duty, 330 

grades of schools, power to establish, 206 

grounds, school, duty to provide, 317 

high schools, power to establish, 247 

power to make rules, for, 249 

super\nsion, 249 

injunction against school controllers, 305 

joint high schools, establishment of, 260 



GENERAI, INDEX 513 

(The references are to the Sections.) 

Controllers — Continued. 

lease grounds, for park or recreation purposes, 324 
mandamus, neglect or refusal to discharge duty, 305 
to restore expelled pupil, 295 

manual training night schools establishment, 284 

meeting of, with teachers, school books— selection 

of series, 656,659,660,661,662 

minutes — 

election of teachers, tgi 

resolutions and proceedings to levy tax, 395, 396, 397 
show visitation of high schools, '250 

taxation, exonerations to be recorded on minutes 
of board, . jq 

oath of office, controllers may administer oath to 

each other, gjg 

officers of, jjq 

official discretion — 

review by courts, 301; 

abuse of, remedy — common pleas, 305 

personally liable for unlawful settlement made with 

tax collector, .^i 

powers of board in cities of third class, 797 

president, duty to certify, provision, act June 24, 

1895, P- Iv. 254, have been complied, 335 

president — 

signing drafts for high school expenses, 253 

• to certify the number of months, schools have 

been in operation, r2c 

physical culture, duty to provide for instruction in, 293 

purchase or sell real estate, c5 

real estate, power to hold and convey, high school 

purposes, 254 

removal — 

failure to provide proper water closets for 
schools — ^see "water closets," 3^1 

for refusal or neglect to perform official duty, 

quarter sessions, ^qc 

water closets, failure to provide proper, 332 

report, annual, to county superintendent, ' 204 

report to superintendent of public instruction, 

under act June 28, 1895, ' 264 

renting, building for high school, 255 

site for high school, how procured, 256 

school books, object of teachers meeting with, for 

selection of, gg^ 



514 GENERAL INDEX 

(The references are to the Sections.) 

Controllers — Continued. 

school supplies — 

separate account of all moneys expended for, 664, 675 
unlawful for controller to become agent or in any 
way promote sale of, misdemeanor, 673, 674 

secretary, attesting drafts for high school expenses, 253 
secretary of, to receive report of employers of chil- 
dren, 532 
sites, power to take ground for school sites, 303 
power to take land for high school purposes, 256 
suits, management, 61 
terms of, in cities of third class, 798 
teachers — 

election of certain grades of, for term of three 

years, ^ 577 

employment of, for high schools, 263 

employment of, for high schools, 252 

failure of school board to provide competent 

teachers, duty of county superintendent, 708 

monthly report to, 585 

of stenography and typewriting, may be employ- 
ed, 593 
to be paid for attending county institute, 645 
treasurer, drafts on, for expenses of high school, 253 
truants, may establish special school for, 539 
tax levy, minutes — see "taxation," "school tax_," 

394, 395 
taxation, controllers may levy a per capita tax of 

one dollar, 403 

taxation — see "taxation," "school tax," — 

controllers to determine the amount of tax an- 
nually, 391.393 
exonerations, power of school boards to make 

exonerations, minutes, 410 

per capita, controllers may levy a per capita tax 

of one dollar, 403 

visitation, high schools, 250 

water supply, contract for, 337 

Convention, Triennial. 

directors' triennial convention, duty of president 
and secretary of, 688 

notice of forms, county superintendent, for election 
of. 947 



GENERAI. INDEX 51c; 

(The references are to the Sections.) 

Convention, Triennial — Continued. 

president and secretary of convention for election 
of county superintendent, 688 

school directors for election of county superintend- 
ent, 683, 684 

school directors of, for election of county superin- 
tendent, form of notice required to be given, 947 

directors expenses to be paid, misdemeanor for can- 
didate to pay, 711,712 

Conveyance. 

real estate, conveyances by school directors, 56 
surviving trustees may in making conv-eyance to 

school district, 59 

trustees, conveyances by trustees, 59 

Cornplanter Indians. 

appropriation for schools among, 900 

schools for Cornplanter Indians, 899 

school house, provision for election, furnishing and 
equipment of, 901, 902, 903, 904 

Corporal Punishment. 

damages when parents are liable for, 602. 603 

damages when teacher is liable for, 602, 603 

parents, right to use, 602 

teachers have the right to use, 602, 603 

Councils. 

tax, levying for high school purposes, 257 

County. 

land owned by, may be taken for educational pur- 
poses, 310 
rates and levies — see "taxation," "school taxes," 3 

County Commissioners. 

adjusted valuation of property to be furnished to 
board of directors and controllers, 400 

adjusted valuation — county commissioners to fur- 
nish school board copy of last, 429 

assessment in new districts, 431 

certificate to, by collector of school tax, of unpaid 
tax on unseated lands, form of, 943 



5l6 GENERAI. INDEX 

(The references are to the Sections.) 

County Commissioners — Continued. 

children, to furnish hst of, between ages of 6 and i6 

to superintendent of public instruction, 541 

duties of upon erection of a new independent 

school district, 921 

fire escapes, duty to examine, 329 

office of county commissioners — 

incompatible with that of school director, 109 

office for county superintendent, commissioners to 

provide, furnish and maintain, 713 

taxables, commissioners to furnish list of to board 

of school directors and controllers, 400 

duty to certify number of, upon formation of 
new school district, 41 

duty to report number of, to superintendent of 
public instruction, 730 

number of, to be reported, effect of neglect of 
duty, ^ 731 

triennial enumeration of taxables, duty to make, 41 

County Institute. 

accounts of, to be examined by county auditors, 649 
of, to be filed by county superintendent in office 
of county treasurer, 649 

adjournment, county superintendent to report, pro- 
ceedings to superintendent of common schools, 650 

amounts that may be appropriated by county treas- 
urer, 643 

attendance of teachers to be reported by county 
superintendent to report to superintendent of 
common schools, 650 

report of, by county superintendent, 642, 646 

superintendent to report to board of school di- 
rectors number of days each teacher attended, 651 
teacher's compensation for attending county in- 
stitute, 645, 646, 647, 648 
teachers, penalty for non-attendance, 644 

appropriations for county institute, 643 

contribution from county treasurer to county in- 
stitute, 643 

county superintendents, report of proceedings to 
be reported to superintendent of common schools, 650 
to file his account of expenditures, in office of 

county treasurer, 649 

to report attendance, 642, 646 



GENERAL INDEX 517 

(The references are to the Sections.) 

County Institute — Continued. 

funds, misapplication of funds to be punished in 
same manner as collectors of state and county- 
taxes, 649 
lecturers, number of, to be reported by county su- 
perintendent to superintendent of common 
schools, 650' 
length of session, 641 
members of, 641,648 
organization of, 641 
presiding officers, 641 
proceedings to be reported to superintendent of 

common schools by county superintendent, 650 

purpose of, 641 

revenues, 643 

roll of members, report of attendance, 642, 646 

school district liable for teachers compensation, 646 
teachers attendance to be reported to board of 

school directors, 651 

teachers' compensation for attending county in- 
stitute, 645, 646, 647, 648 
teachers penalty for non-attendance, 644 

County Poor House. 

taxation, exempt from taxation, 407 

County Superintendent. 

annulling teacher's certificate, notice, 703, 704 

blank forms to be furnished by superintendent of 

public instruction, ^^26 

blank forms, to distribute among proper district of- 
ficers, 726 
branches, duty to see that certain branches are 

taught in the schools, 699 

city and borough superintendents are not subject 

to the authority of county superintendents, 682 

contested elections of county superintendents, 689, 690 
convention for election of, duty of president and 

secretary of convention, 688 

compensation — 

unlawful for county superintendents to teach for 
compensation, 710 

competent teachers — 

duty of superintendent on failure of school board 
to provide competent teachers, 708 



5l8 GENERAL INDEX 

(The references are to the Sections.) 

County Superintendent — Continued. 

convention for election, form for notice of, 947 

convention of school directors for election of coun- 
ty superintendent, 684, 685 
countersigning teachers' certificate, 702 
county commissioners to provide, furnish and main- 
tain office for county superintendent, 713 
county institute, account of to be filed in office of 

county treasurer, by county superintendent, 649 

county institute, duty to organize, 641 

county institutes, county superintendent to report 
to board of school directors number of days each 
teacher attended, 651 

county institute, report of, to superintendent of 

common schools, contents of, 650 

creation of office, 683 

directors annual meeting, duty of county superin- 
tendent to call, 716 
directors, annual report to, 204 
election of, contested elections of county superin- 
tendent, 689, 690 
election of county superintendent, 684, 685 
election of, notice of election, 687 
eligibility, 698 
examination of teachers, 700, 701 
hygiene — report on instructions of hygiene to be 

made by county superintendent, 707 

immorality — removal for, 714 

incompetence — removal for, 714, 715 

names of teachers, to be furnished list of, by sec- 
retary of board of school directors, 146 
neglect — removal for, 714,715 
notice of election of county superintendent, 687 
oath of office, 686 
office — creation of office of county superintend- 
ent, 684, 685 
office — duty of county commissioners to furnish 

and maintain office for county superintendent, 713 
persons using intoxicating drinks, shall not receive 

a certificate as teacher, 705, 706 

physiology — report on instructions of physiology 
to be made by county superintendent. 707 



GENERAIv INDBX 5^9 

(The references are to the Sections.) 

County Superintendent — Continued. 

qualifications of county superintendent, 

694, 695, 696, 697, 698 
removal by superintendent of public instruction, 

powers, 729 

removal of teacher by county superintendent, legal 

requirements, 7^3> 7^4 

report attendance at county institute, 642, 646 

report attendance of teachers at county institute to 
board of school directors, 651 

■ report of county institute to be sent to superintend- 
ent of common schools, 650 
report on instructions given in schools on physi- 
ology and hygiene, 7^7 
salary of county superintendent, 691,692 
school supplies, unlawful for county superintend- 
ents to become agents or in any way promote 
the sale of, 673 
supervision of high schools, 265 
teachers certificate, countersigning, 702 
teachers, duty of county superintendent to examine 

teachers', 700, 701 

teachers — 

failure of school board to provide competent 

teachers, duty of county superintendent, 708 

removal of, by county superintendent, notice, 

703. 704 
when teachers' certificate may be annulled by 
county superintendent, 7^3> 7^4 

teaching for compensation unlawful, removal, 710 

test of qualifications of county superintendent, 

695, 696, 697, 698 
triennial convention, misdemeanor for candidate 
for county superintendent to pay directors ex- 
penses to convention, 7^2 
vacancies, how filled, 693 
visiting schools — duties of county superintendent, 709 

County Treasurer. 

county institutes, accounts of, to be filed in of- 
fice of county treasurer, 649 

Counties. 

adjoining, joint schools, 232 



520 GEJNERAL INDEX 

(The references are to the Sections.) 

Court Houses. 

taxation, exempt from school tax, 407 

Courts. 

directors, school, discretion, reviewable by, 244 

directors, school, power to remove, Chapter VII 
increase number of school directors to three for 

each ward, 5 
juvenile court, sessions, 550 
location of school house, review by, 306 
quarter sessions, power over children under six- 
teen years of age, 547 

Cruelty. 

teacher, power of school board to pass upon change 
of, 601 

Curriculum. 

evening high school, 278 

joint evening high school, 278 

Damages. 

appropriation of land, form of petition to assess 
damages, 964 



Debt. 



abolished or detached school districts, apportion- 
ment, 21 

building purposes, surplus of ordinary school tax 
may be used for payment of debts for building 
purposes, 412 

payment of, debts from a former year for school 
purposes, should be provided for by an addition 
to the ordinary school tax of the next year, 411 

special tax for payment of debts contracted, etc., 413 
authorized for payment of a debt contracted in 
purchasing ground and erecting buildings, 418 

tax, surplus of ordinary school tax may be used, 
etc., 412 



Decree. 



indebtedness, authorizing, notice of intention to 
make application for decree, 368 

increasing without election, void, 349 



GENKRAIv INDEX 521 

(The references are to the Sections.) 

Deeds. 

execution by school district, 60 
preserved to^be, by secretary of board of school di- 
rectors, 141 
signed by president of school board, 127 
school district, to form of, 954 

Delinquent Children. 

"delinquent child," defined, 549 

trials upon indictment, $66 

under age of 12 years, commitment, 565 

Department of Public Instruction — See "Superintendent 
of Public Instruction." 

clerks, appointment of, 7^^ 

annual report to legislature, 72"/ 

seal of, 728 

Diphtheria. 

children residing in house in which any person is 
suffering from, not allowed to attend school, 611 

duty of health authorities to furnish daily to per- 
sons in charge of schools, names and location of 
persons suffering from, 618 

duty of physicians to report to secretary of school 
board in townships, names and residences of per- 
sons afflicted, 623 

Diphtheritic Croup. 

children residing in house in which any person is 
suffering from, not allowed to attend school, 611 

duty of health authorities to furnish daily to per- 
sons in charge of schools, names and locations of 
persons suffering from, 618 

duty of physicians to report to secretary of school 
board in townships, names and residences of per- 
sons afflicted, 623 

District Superintendent. 

in cities of first class, power and duties, 770 

Districts — See "school districts." 

adjoining school, disputes among directors or con- 
trollers of, to be settled by superintendent of 
public instruction, 723 



522 GENERAL INDEX 

(The references are to the Sections.) 

Disobedience — See "teachers." 

teacher may be dismissed for, 599 

Dismissal. 

teacher, causes, 249 

Discretion. 

reviewable by the courts, 244 

Directors. 

absentees, removing of, 172 

annual meeting, duty of county superintendent to 
call, 716 

with tax collector, 450 

appointment, by the court of quarter sessions, 86 

arrangement to have pupils instructed in state nor- 
mal schools, 845 
attorney, employment of, 130 
auditor of township ineligible to office of, election, 109 
prohibited from holding office of, 108 
to furnish annual statement of account, 480 

board of school directors — 

abolished, or detached districts, powers and du- 
ties of directors, 20 
absentees, removing of, 172 
accounts, annual publishing, 480 
separate account to be kept of all moneys 
expended for school supplies, 675, 664 
agreement between teacher and directors, form 

of, 936 

annexation of land for educational purposes, 

consent, 31 

annual account, to furnish to auditors, 480 

meeting, duty of county superintendents 

to call, purposes, 716 

meeting with tax collector to determine 
amount of unpaid taxes, 450 

appointment, by the court of quarter sessions, 86 
made by board, term, 97 

power to make, 97, 171 

arrangements may be made to have pupils in- 
structed in normal schools, 845 
attendance, officers, employment, 536 
attorney, employment of, 130 



GENERAI, IND^X 523 
(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued. 

auditor of township, ineligible to office of, elec- 
tion, 490 
prohibited from holding office of, 108 
to furnish annual statement of account to, 480 
business at meeting of organization, 120 
transaction of, number necessary, 117 
candidates, rival, determination of rights of, 122 
certificate of election of directors, 123 
cities of second class, forbidden to employ any 
member thereof in any capacity in which 
compensation is attached, 788 
of second class, members thereof forbid- 
den to hold office of emolument, 788 
committee of, power to expel and suspend pu- 
pils, 295 
contracts, authority to, 342 
conveying children to or from school, etc., 

241,239 

between, of adjoining school districts, 245 

heating school, bids, 344 

with teacher, 589 

contractor's bond, power of board of directors 

to approve, 340 
corporation, municipal, 76 
creation of school boards, 76 
county institutes, required to pay teachers at- 
tending, 645 
duties, failure to perform, 185 
elected, under former laws, expiration of term, 85 
factional organization, 117 
grounds, may permit to be used for park and 

recreation purposes by public, 322 
health, township school board to exercise 

power of board of health, 623 
indigent blind children, to establish schools for, 210 
joint meeting of, from different school dis- 
tricts, joint schools, 233 
joint schools, discretionary power of, 243 
judgment, authority to enter in behalf of dis- 
trict, 130 
legislative powers of school boards, 76 
levy of tax, not more than once a year, 392 
liability for the dismissal of a teacher, 600 



524 G^NEIRAIv INDEX 

(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued.. 

libraries, librarian, selection of, 496 

may take private property for purposes of, 507 

receive gifts and endowments for, 504 

receive money for purposes of, 492 

selection of books, 497 
mandamus, board of school directors may be 

compelled to organize as a board of health 627 
meetings, ' 169 
adjournment, 170 
annual, compensation, 183 
business, when cannot be legally transact- 
ed, 177 
election of teacher, 591 
failure to attend, 172 
motions and resolutions, 176 
procedure upon convening, 174 
quorum, 175 
regular, 179 
special, by whom called, 180 
"stated" and "regular," defined, 170 
"to adjourn to a time and place certain," 

meaning of expression, 173 
"to meet at the call of the president," 

meaning of expression, 173 

vote, tie, loses the question, 178 

minutes of proceedings, 133 
resolutions and proceedings to levy tax, 

, 395. 396, 397 

shall contain annual statement of accounts, 

furnished to the auditors, 480 

show visitation of high schools, 250 

taxation, exonerations to be recorded on 

minutes of board, 410 

unrecorded acts of school board not void, 345 

oath of office, 118 

officers of board, 119 

duties of, 126 

organization, etc., Il6 

of board of school directors. Chapter V, 116 

factional, 117 

failure to organize, 186 

form of petition for removal for failure to 

organize promptly, 948 



ge;ne;ral index 525 

(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued. 

time thereof, 120 

ouster, for absence, proceedings, 173 

powers, exercise of, ^6 

president, attorney, cannot employ, 130 

certify to county superintendent number 

months schools were in operation, 131 

certify number of months schools have 

been kept open, 525 

certify number of months schools have 

been in operation, 131 

contracts, deeds, etc., to be signed by, 127 

duties at close of school year, 131 

employment of teachers, cannot, his du- 
ties, 126 
liabilities of, 132 
name and address to be sent to superin- 
tendent of public instruction, 134 
pro tempore, 181 
school supplies, unlawful to be interested 
in the furnishing of books or any other 
supplies, 674 
signing drafts for high school, expenses, 253 
teachers, cannot employ, 129 
votes of, 127 
pupils, power of school board to expel pupils, 296 
quorum, 96 
removal, power of courts, 186 
school books, not to direct change in, more 
than once in every 3 years, penalty, 666, 667 
notice of meeting for purchase of, 662 
school house, grant use of, for literary pur- 
poses, 326 
school supplies, separate account of all moneys 

expended for, 664, 675 

seat, directors right to, tie vote, determination 

by board, 102 

seats vacated, for failure to organize, 120 

secretary, books, monthly report to be depos- 
ited with, at end of term, 137 
compensation of, 133 
countersign, to, deeds and contracts of the 
board, 135 



526 GENERAL INDEX 

(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued, 
secretary, 

deeds and contracts, to be kept by and 

transmitted to his successor, 141 

duties of, 133 

election of, 121 

ex-officio member of the board of library 

trustees, 519 

general librarian of district library, 496 

name and address to be sent to superin- 
tendent of public instruction, 134 
ofifice of, cannot be filled by person acting 

as treasurer, 145 

official notice of absence to parent or 

guardian, form of, 960 

order monthly, for teacher's salary, 136 

orders, refusal to sign, penalty, 142 

"Pennsylvania School Journal," file and 
transmit to his successor in office, 140 

pro tempore, 181 

reports, monthly, to receive and examine 

from teachers, 136 

report to teachers of children between 

ages of 6 and 16, form of report, 961 

salary, may receive, 143. 

seal, to affix to deeds and contracts, 135 

teachers, list of names to be forwarded to 

county superintendent, 146 

to receive report of employers of children, 532 
to qualify president, 817 

valuation, last adjusted of taxable persons 
and property, to secure, 138 

special school for deaf mute children, 208 

statutory tribunal, J^ 

tax, for purpose of free public libraries, 503 

support of library, is not an increase of in- 
debtedness under the constitution, 351 
legal requirements as to determining, 395 
levy, minutes, 395, 394, 396, 397 
to determine amount of, 391 
taxation, directors may levy a per capita tax of 
one dollar, 403 
directors to determine the amount of tax 
annually, 391.393 



GENERAL INDSX 5^7 

(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued. 

exonerations, power of school boards to 

make, minutes, 410 

minutes of amount to be collected, 393, 395 
meeting of board to determine amount of 

tax, 393.395 

minutes, resolutions and proceedings 
should appear, 395 

per capita, directors may levy per capita 
tax of one dollar, 403 

teachers, duty of directors to record votes, em- 
ploying teachers, 59^ 
election of, 589, 590 
election of certain grades of, for term of 

three years, 577 

employment of, under act June 25, 1895, 578 
failure of board to provide competent 

teachers, duty of county superintendent, 708 
monthly report to, 585 

of stenography and typewriting, may be 

employed, 593 

to be paid for attending county institutes, 645 
township not required to act as board of health 

for new borough, 24 

treasurer, accounts, annual settlement, 147 

accounts, settlement, 154, 155 

appropriations, state, to receive, 147 

bank, school funds deposited therein, 164 

bond, 147 

discretionary power of, 166 

, embezzlement, 160 

executions, manner of payment, 153 

name and address to be sent to superin- 
tendent of public instruction, 134 
office of, cannot be filled by the same per- 
son acting as secretary, 145 
orders on, contents, 152 
orders, payment by 147, 149, 150 
orders, school, violation of duty to pur- 
chase, 151 
payment, unlawful, 165 
powers and duties, 147 
re-appointment of, 161 



528 GENElRAr, INDE;x 

(The references are to the Sections.) 

Directors — Continued. 

board of school directors — Continued, 

refusal to pay over funds, 167 

removal of, power to, 168 

salary, 147 

salary, 158 

settlement, when conclusive, 162 

surcharge, erroneous, remedy, 163 

tax, of district, to receive, 147 

when city treasurer becomes school treas- 
urer, 184 
truant, may establish special schools for, 539 
United States flag, may purchase, 327 
vacancies, filling of, by the board, procedure, 96 
power of school board to fill, 84 
when board fills, 94 
void contract, 341 
board of health, in townships, 623 
directors may be compelled to organize as a 

board of health, mandamus, 627 

of pupils attending joint schools, 240 

books, legal requirements for purchase of, 658 

teachers meeting with, for selection of manda- 
tory, 659, 660, 663 
bonds, issuing for centralization, 270 
issuing for high school purposes, 258 
issuing new for old at another rate of interest, 362 
issuing to purchase school sites, 372 
redeemed, may be, before or after maturity 
with the consent of the holders, 362 
borough, adopting city charter, 106 
in, election of, etc., 87 
boroughs not divided into wards to elect six di- 
rectors, 81 
borrow money, authorized by court of common 
pleas, 368 
court may authorize, 369 
for high school purposes, 258 
for purpose of erecting school houses or for 
purchasing ground whereon to erect school 
houses, 346 
branches, direct, 285 
buildings, school, duty to procure, 317 
burial grounds, power to appropriate for school pur- 
poses, 313 



I 



GIJNSRAL INDEX ^ig 

(The references are to the Sections.) 

Directors — Continued. 

business, transaction of, number necessary, 117 

candidates, rival, determination of rights of, 122 

centralization, providing for, 268 

certificate of election, 123 

cities of second class, powers of, in sub-school dis- 
tricts, 790 
compensation, receive no, 64 
consolidated districts, powers and duties, 4 
contract for transportation of children, not to be a 

party to, 239 

contract to instruct pupils in adjoining school dis- 
tricts, 242 
contracts, awarding, 343 
deeds, execution by, 60 
made individually, 64 
convention of school directors for election of a 

county superintendent, 684, 685 

directors triennial convention, duty of pres- 
ident and secretary of, 688 
for election of county superintendent, form of 

notice required to be given, 947 

triennial convention of school directors, notice, 

duty of superintendent to give notice, 687 

courts, power to remove, Chapter VII 

decreasing the number to two, 99 

discretion of, location of school houses, 305 

reviewable by the courts, 244 

disputes among, to be settled by superintendent of 

public instruction, in certain cases, 723 

distinction, unlawful to make, on account of race 

or color, 198 

duties, failure to perform, 185 

neglect or refusal to discharge, mandamus, 305 

to disqualify teachers wearing any religious 

dress or emblem in public schools, 608 

elections, contested, how decided, 91 

after decrease in number, 100 

for different terms, use of "stickers," 89 

in consolidated districts, 4 

increasing indebtedness, 359 

judge of, candidate cannot act as, no 

in boroughs, 23 

in boroughs not divided into wards, 82 



530 GENERAL INDEX 

(The references are to the Sections.) 

Directors — Continued, 
elections, 

in independent school districts, 88, 925 
of directors. Chapter IV 
time, place, 78 
return of, how made, 90 
under former laws, expiration of term, 85 
voters failingto designate, term, effect, 92, 93 
equal number in each ward, 5 
establish, high school in any school district, 259 
evening schools, duty to establish, 274 
provision for maintenance, 278 
refusal to establish, 280 
exempt from serving in certain offices, 108 
expenditures, auditors control of, 477 
for care and protection of property, 323 
expenses, liability for, 297 
payment of school, 297 
fire-escapes, criminal liability for neglect of duty, 330 
grades of schools, power to establish, 206 
grounds, school, duty to provide, 317 
high schools — see "high schools," power to estab- 
lish, 247, 248 
power to make rules, for, 249 
supervision of, 249 
indebtedness, created by, without assent of elect- 
ors, how to validate, 373, 375 
independent school district, election of, in, 918 
powers of directors in, 7 
number of directors, term of office, 88 
injunction against, 305 
interest in real estate, to have no, 57 
joint high schools, may establish, 260 
joint meetings of boards of directors, 260 
joint meeting of, from adjoining districts, 233 
joint schools, establishment of, 230 
lease grounds, for park or recreation purposes, 324 
liability, personal, 301, 302 
libraries, duties of directors, 497 
distribution, 506 
may establish and maintain free public, 501 
may extend aid to libraries already establish- 
ed, taxes, 513 
rules and regulations, to be established, 495 
to select school house and provide cases, 491 



GENERAIv INDEX 53 1 

(The references are to the Sections.) 

Directors — Continued. 

township adjoining borough may aid an al- 
ready established library, 515 
location of school houses, 305 
mandamus, neglect or refusal to discharge duty, 305 

to restore expelled pupil, 295 

manual training, night schools, establishment, 284 

meeting, annual, called by county superintendent, 183 

annual, compensation for attending, 183 

of directors with teachers, school books, for se- 
lection of series, 656, 659, 660, 661, 662 
minutes, unrecorded acts not void, 345 
motions and resolutions, 176 
number may be increased to 3 for each ward, 5 
number, increase of, petition for, 79 
notice'to, of time and place of holding triennial con- 
vention, 687 
not municipal officers, TJ 
oath of directors, form of oath, copy to be filed, 815 

office, 118 

office, directors may administer oath to each 

other, 816 

oath, secretary to qualify president, 817 

office of, incompatible with certain other offices, 109 

office, term of, 7^ 

title to, how settled, 107 

official discretion, abuse of, remedy, common pleas, 305 
officers of board, 119 

organize as a board, 116 

organization, secretary to qualify president, • 817 

organize, failure to, 186 

ouster, for absence, proceedings, 173 

personally liable for an unlawful settlement made 

with tax collector, 451 

petition for removal, form of, 948, 950 

of patrons for or against appointment of teach- 
er, 594 

to borrow money, - 371 

physical culture, duty to provide for instruction in, 293 
president, duty to certify the provisions Act June 

24, 1895, P. L. 254, have been complied with, 335 

president pro tempore, 181 

president, to qualify all members of board, 118 

pupil's board, no authority to pay, 298 

pupils, power to expel, 296 



532 GENERAi. inde;x 

(The references are to the Sections.) 

Directors — Continued. 

purchase or sell real estate, 56 

qualify each other, may, 118 

real estate, power to hold and convey, high school 

purposes, 254 

removal, for failure to elect necessary teacher, 188 

failure to provide proper water closets for 

schools — see "water closets," 331 

removal, failure to provide proper water closets 

at schools, 332 

for failure to pay janitor, 189 

for non-performance of duties, 189 

for refusal or neglect to perform official duty, 

quarter sessions, 5 

form of petition for removal, 948, 950 

power of, by court of common pleas, 190 

under act June 6, 1893, 193 

renting buildings, for high school, 255 

report, annual, to county superintendent, 204 

report to superintendent of public instruction, un- 
der act June 28, 1895, 264 
residence, change of, effect, 105 
change of, by school director, 105 
writing, 98 
rule upon, power of court to grant, 191 
salary, may receive when acting as secretary of the 

board, 143 

sanitary agent, form of petition for appointment of, 945 
seat, right to, tie vote, 102 

secretary, attesting drafts for high school ex- 
penses, 253 
of, election, 121 
to qualify president, 118 
pro tempore, 181 
settlement with tax collector, school directors are 
personally liable to district for unlawful settle- 
ment with tax collector, 451 
school books, not to direct change in, more than 

once in every three years, penalty, 666, d^ij 

notice to teachers of joint meeting for selec- 
tion of, 661, (£2 
object of teachers meeting with, for selection 
of, 663 
schools, establishment, discretionary power of, 196 
to establish, 195 



GENERAL INDEX 533 

(The references are to the Sections.) 

Libraries — Continued. 

school supplies, unlawful for director to become 
agent or in any way promote sale of, misde- 
meanor, 673, 674 
site for high school, how procured, 256 
sites for schools, power to take land belonging to 

county, 310 

power to take land for high school purposes, 256 
power to take ground for school, 303 

statement of receipts and expenditures, may be 

compelled to furnish same to auditors, 481 

suits against, ^i 

tax collector, prohibited from holding office of, 108 

collectors, unlawful settlement with, 302 

misappropriation of special tax may render 

directors personally liable, 424 

for support of a library, is not an increase of 
indebtedness under constitution, 351 

taxation, no levy to be made except by majority 

minutes, 39° 

tax, to determine amount, 39^ 

teachers, employment of, for high schools, 252 

employment of, for high schools, 263 

power of directors over, 5°^ 

term of office, commencement of, 124 

expiration of, _ ^^5 

three to be elected for each ward of every city and 

borough, 4 

township of, to exercise powers of board of health, 623 

in, powers and duties as board of health, 623 

transportation, contract of, not to be a party to, 239 

of pupils, 240 

of pupils, under system of centralization, 271 

of pupils to and from school, recovery against, 241 

provide for children, 234 

treasurer, drafts on, for expenses, high schools, 253 

triennial convention, directors' expenses paid for 

attending, 7^'^>7^^ 

vacancies, filling of, chapter IV, page 28 

filling of, at any election, 82 

filling of by the school board, 9^ 

how filled, term, 80 

power to declare, ^7^ 

power to fill by board, 84 



534 GENERAL INDEX 

(The references are to the Sections.) 

Directors — Continued. 

without resignation, 105 

when board fills, 94 
vaccination, right of directors to exclude pupils for 

failure to be vaccinated, 628 

visitation, high schools, 250 

visit schools, duty to, 203 

vote, tie, how to decide, loi 

voting, enjoined from, for purchase of real estate, 

having interest therein, 57 

wards, court may appoint three for each, 79 

water supply, contract, 337 

women eligible to office of, 103 

Drafts. 

purchase, by school board not authorized, 300 

payment, school expenses, 297 

independent school district, in reporting a new dis- 
trict, commissioners should annex draft, 916 
expenses, high school, 253 

Easement. 

condemned land, board acquires no fee, 308 

Education. 

cities of first class, see "cities of first class," 757 
second class, see "cities of second class," 788 
third class, see "cities of third class," 795 
cause of, duty of superintendent of public instruc- 
tion to give information relative to matters cal- 
culated to promote, 724 
free, i 
humane, system of, 289 

Election Day — See "legal holidays," 527 

Elections. 

ballots for centralization of schools, 269 

bonds, for issue of, in pursuance of centralization, 372 

candidate for school director cannot act as judge, no 

certificate of, school directors, 123 

contested elections of county superintendent, 689, 690 

how decided, 91 

county superintendent, 684, 685 

contested elections of, 689, 690 

notice of election of county superintendent, 687 



GENERAL INDEX 535 
(The references are to the Sections.) 

Elections — Continued. 

directors, school, after decrease in number, lOO 
decreasing the number of, 99 
failure to designate on ticket, term, effect, 92, 93 
for different terms, use of "stickers," 89 
in boroughs not divided into wards, 82 
in boroughs, 87 
return of, how made, 90 
tie vote, school board to determine, 102 
tie vote, how to decide, loi 
indebtedness, decree of count increasing, void, with- 
out an election, 349 
increase of, return, quarter sessions, 359 
increase of, ballots, 359 
increase of, notice, 359 
to increase, 347 
increase of, limited to 2 per centum at any one 

time, 361 

increase of, result, 360 

validating, ballots, time of holding, 375 

validating, to be governed by existing laws, 376 

independent school districts, in time and notice, 88 

judge of, school director cannot act as, IIO 

notice, increase of indebtedness, 359 

secretary, board of school directors, 127 

tie vote, school directors, how to decide, loi 

tie vote, duty of school board to examine, 102 

vacancies, filling of at, 92 

validating indebtedness created by school directors 

without assent of electors, 2>72)' 374> 375 

votes for centralization, 268 

Embezzlement. 

treasurer of school district, 160 

Eminent Domain, 

bond of school district for damages for appropria- 
tion of lands, form of bond, 955 
burial grounds, procedure, 316 
burial places, power to take for school purposes, 313 
easement only, acquired by school board, 308 
high school purposes, 256 
land owned by county may be taken for educational 
purposes. 310 



536 GENERAL INDEX 

(The references are to the Sections.) 

Eminent Domain — Continued. 

libraries, damages, 508 

school directors may take private property for, 507 
viewers, appeal from award of, 510 

viewers, duty of, report, 509 

viewers, notice of meeting, 508 

normal schools, appeal from award of viewers, 890 

cannot condemn a public street to enlarge the 

school grounds, 891 

enlargement of school grounds, bond, 884 

petition for appointment of viewers — see 

"forms," 885 

viewers, estimate of damages, report, 885, 886, 887 
viewers, 885, 886, 887, 888, 889, 890 

petition to assess damages for taking of land for a 

school-house lot, form of petition, 964 

school sites, power of directors to enter upon and 
occupy, for, 303 

Employment of Children. 

forbidden, 223 

Enlargement of School Districts. 

division of property, see "school districts," 30 

Equity, Court of. 

school directors, review of official discretion of, 305 

Evening Schools. 

high school, curriculum, 278 

admittance, 279 

branches to be taught, 274 

closing of, 274 

establishment of, 274 

expenses, payment, etc., '2']J 
petition for, 274, 283 

procedure to establish, 274 

when directors refuse to, 280 

teachers, employment of, 275 

qualifications, 276 

term, 274 

Evidence. 

unrecorded acts of school board may be shown, 345 

school district, yi 



GENERAI, INDEX 537 
(The references are to the Sections.) 

Examination. 

calisthenics, in, 293 

high school, for admission to, 248 

hygiene, teachers', 568 

non-resident pupils attending high school, 272 

physical culture, in, teachers', 569 

in, 293 

physiology, in, teachers', 568 
schools of, desiring to be admitted to the privileges 

of normal schools, 851 

suspension, from high school, 249 

teachers', for permanent certificates, 575 

Executions. 

payment, manner of, • 153 

special writ of, against school district, dy 

return of "no funds," 68 

against school district, 30 

abolished school district, 20 

school district, against, 65 

Exonerations. 

taxation, power of school boards to make exonera- 
tions, minutes, 410 

Expenses. 

education of blind children, 210 
high schools, payment of, 253 
pupils in joint schools, how paid, 238 
schools for deaf mute children, 209 
transportation for, children attending school of ad- 
joining districts, 238 

Experiment. 

- living animals, on, forbidden, 290 
Expression. 

"to adjourn to a time and place certain," mean- 
ing of, 173 
"to meet at the call of the president," meaning of, 173 
"special or adjourned meetings," meaning of, 173 
"so far as the means of the district will admit," 
meaning of, 187 



538 GEJNERAL INDEX 

(The references are to the Sections.) 

Expulsion. 

pupils of, 294, 295 

by committee of board, 295 

by teacher, 296 

from high school, 249 

Factory. 

children not to be employed, 223 

Fees. 

attorney, costs, 194 

land condemned, board acquires no, 308 

Fencing. 

special tax authorized for fencing and improving 
grounds in connection with the erection of build- 
ings, 418 

Fire. 

water supply, contract for, 337 

Fire Commissioners. 

examine fire escapes, duty to, 329 

fire escapes, examination of, 329 

Fire Escapes. 

certificating approving, 329 
county commissioners to examine, 329 
criminal liability for neglect, to erect, 330 
examination and approval of, 329 
examination of, 329 
fire marshal, to examine, 329 
injuries or death sustained in consequence of fail- 
ure, damages, misdemeanor, 330 

Fire Marshal. 

examine fire escapes, duty to, 329 

First Class School Districts — See "school districts," 17 

Flag. 

display during school hours, 327 

purchase of, for school purposes, 327 



GENERAL INDEX 539 

(The references are to the Sections.) 

Forms. 

absence, secretary's official notice of, to parent or 

guardian, 960 

accounts, form of annual statement of district ac- 
counts, 937 
agreement — between teacher and directors, 936 
annual district reports, superintendent of public in- 
struction to furnish blank forms for, 726 
application for state normal diploma, 951 
apprenticeship of child by public charitable institu- 
tion, 956 
attendance, secretary's official notice of absence to 

parent or guardian, 960 

secretary's report to teacher or principal of 

children between ages of six and sixteen, 961 
teacher's report, 959 

bond, for treasurer of school district, 939 

of collector of school tax, 940 

of school district for damages for appropriation 
of lands, 955 

certificate by tax collector to county commission- 
ers of unpaid school tax on unseated land, 943 
of vaccination, physicians', 958 

certificate, practical teachers' state certificate, 952 
to prothonotary of unpaid balance due from 
school tax collector, 944 

complaint or information, general form of, 957 

county superintendent, notice of convention for 

election of, 947 

deed to school district, 954 

information or complaint, general form of, 957 

inspector of school accommodation, petition for ap- 
pointment of, 949 
lease of house and lot to school district, 953 
notice of convention of school directors for election 

of county superintendent, 947 

oath of collector of school tax, 941 

order on district treasurer, 938 

petition for appointment of inspector of school ac- 
commodation, 949 
for appointment of sanitary agent under act 
April II, 1899, P. L. 38, 945 
for removal of school directors, 948, 950 
to assess damages for a school-house lot, 964 
practical teachers' state certificate, 952 



540 GENERAL INDEX 

(The references are to the Sections.) 

Forms — Continued. 

report, secretary's, to the principal or teacher of 

children between the ages of six and sixteen, 961 

school director, petition for removal of, 948, 950 

state normal diploma, application for, 951 

summons on parent or guardian, 962 

summons, service of, 963 

superintendent of public instruction, duty to pre- 
pare and forward blank forms for district annual 
report to county superintendent, 726 

tax, certificate, prothonotary, of unpaid balance due 

from tax collector, 944 

tax collector, bond of, 940 

certificate to county commissioners of unpaid 

school tax on unseated lands, 943 

oath of, 941 

warrant to collect school tax, 942 

teacher's attendance report, 959 

treasurer, bond for treasurer of school district, 939 

order on district, 938 

vaccination, physicians' certificate, 958 

warrant to collector of school tax, 942 

Fourth Class School District — See "school districts," 16 

Fourth of July — See "legal holidays," 527 

Free Education, i 

Free Kindergartens, 202 

Free Public Libraries — See "libraries," 501 

Fuel. 

purchase of, ordinary school tax may be used for 
the payment of fuel to keep schools in opera- 
tion, 411 
the special school tax levied under act May 26, 
1897, P. L. 94, may be used for payment of 
fuel used in heating school buildings, 413 
special tax authorized for payment of the expense 
of fuel used in the heating of buildings, 418 

Furniture. 

payment of, ordinary school tax may be used for 
occasional additions to furniture when there is 
no building tax or fund, 411 



ge;neral indsx 541 

(The references are to the Sections.) 

Gifts. 

endowments, library purposes — free from collateral 
inheritance tax, 504 

Good Friday — See "legal holidays," 527 

"Governess defined," 545 

Government. 

of schools, corporal punishment, 602, 603 

Grades of Schools — See "schools." 

power of directors to establish, 206 

Grounds. 

high school purposes, 255 

lease of, park for recreation purposes, 324 

purchase, borrow money to, 346 

school, expenditures for improvements, 323 

public use, 322 

used for park and recreation purposes, 322 

Guardians — See "school laws." 

rights and duties of — duty of superintendent of 

public instruction to give information, relative to, 724 
secretary's official notice to guardians of absence, 

form of notice, 960 

summons on guardians under compulsory school 

law, form of summons, 962 

on guardians under compulsory school law, 
service of summons, form of service, 963 

Health, Board of — See "directors." 

township school board not required to act, for ter- 
ritory of new borough, 24 

Health Officers. « 

duty of, 618 

Heating. 

contract, bids, 344 

school houses, 3^1 



542 GENERAL INDEX 

(The reference! are to the Sections.) 

High Schools, 247 



admission to, 


248 


appropriation, annual, 


262 


attending from another school district, when, 


272 


bonds, 


258 


borrowing money for, 


258 


branches to be taught. 


251 


buildings. 


255 


centralization, course of instruction. 


271 


courses, supervision of by state superintendent of 




public instruction. 


266 


established, may be in any school district. 


259 


establishment of. 


248 


evening curriculum, 


278 


establishment. 


278 


examination, non-resident pupils. 


272 


expenses, payment of. 


253 


grades of. 


261 


grounds for. 


255 


in boroughs. 


247 


in cities. 


247 


instruction, uniform course of, to be provided. 


259 


joint high schools, establishment. 


260 


pupils, expulsion of, 


249 


real estate, limit of. 


254 


renting, building for, 


255 


sites, how procured. 


256 


state aid, report to superintendent of public instruc- 




tion, 


264 


supervision of, 


265 


over. 


249 


tax, 


257 


teachers, appointment of. 


249 


certificates. 


252 


dismissal. 


249 


employment of. 


263 


in, qualifications. 


252 


salaries, 


249 


term, length of, 


253 


tuition, non-resident pupil, 


272 



Holy Scriptures. 

reading of, in public schools it not sectarian in- 
struction, 610 



GENERAL INDEX 543 
(The references are to the Sections.) 

Home for Friendless Children. 

appropriation of county funds, order of court, 214 

auditors, duty of county, 217 

support of, petition to court of common pleas, 213 

teachers, employment of, qualifications, 220 

treasurer of, duties, 216 
trustees and managers, one-third to be appointed 

by court of common pleas, 215 

trustees and managers, powers of, 212 

visitors of, 219 

Hospitals. 

taxation — exempt from school tax, 407 
Houses, School — See "buildings," 305 
air space, 3^1 
borrowed money, for erection, 346 
breaking or unlawful entry, misdemeanor, 325 
burglary, breaking into at night, etc., 493 
class rooms, 3^1 
contract, awarding of, 343 
contractors, bond, power of school board to approve, 340 
division and adjustment upon formation of new dis- 
trict, 6 
erection, 3^7 
erection of, on land owned by the county, 310 
fire escapes, 3^8 
heating, 3^1 
heating, contracts, bids, 344 
joint, building of, 231 
library, may be used for purposes of, 502 
lighting, 320 
literary purposes, may be used for, 326 
location of, 3^5 
review by the courts, 306 
plans and specifications, 3^8, 319 
protection of, 3^5 
renting of, 3^7 
suitable, directors to provide, 190 
value, measure of, in adjusting indebtedness, 382 
ventilation, 321 
viewers, report as to sites, 3^7 
water closets, number and arrangement for each 
school, 331 
Humane Education, 57° 
system of, 289 



544 GENERAL INDEX 

(The references are to the Sections.) 

Hygiene. 

county superintendents' report on instruction of 

hygiene, 707 

teachers, examination in, 568 

Immorality. 

teacher may be dismissed for, hearing, 596 

Incompetency. 

teacher, dismissal for, 597 

Indians — See "Cornplanter Indians." 899 

Indictment. 

board of school directors liability, 132 

Indebtedness, 346 

annual tax, to pay interest and principal in thirty 

years, 355 

adjusting between new and old districts, 350 

court may appoint auditor to report, 384 

court may make rules for payment and collec- 
tion, 386 
measure of value of school property, 382 
notice to persons to present claims, failure to 

present claims, 385 

court may pass upon the claims of third parties, 383 
adjustment of, township merged into one or more 

boroughs, 380 

where new districts are formed by erection of 

boroughs out of townships, 380 

bond, bona fide purchasers protected, 366 

increase of, 356 

illegality of assessment does not invalidate 

bonds, 367 

irregularly issued, recall of, 378 

issued since i8th day of April, 1895, validated, 364 

issuing in pursuance of centralization, 372 

issuing new for old, at another rate of interest, 362 

issuing, to erect school buildings, 372 

issuing to purchase school sites — ^centralization, 372 

redeemed, may be, before or after maturity 

with consent of the holder, 362 

borrow money, petition of directors, 369 

school board may, 346 

calculating assets and liabilities to determine, 353 



GENERAL INDEX 545 

(The references are to the Sections.) 

Indebtedness — Continued. 

certificates of, redeeming of, 362 

common pleas, authority to authorize unde'r act 

1871, 368 

contracts, how to determine whether they are law- 
ful by reason of their increasing the indebted- 
ness, 353 
created by school directors without assent of elec- 
tors, how to validate, 373, 375 
definition of, 352 
determination of, 353 
election, increasing, 395 
notice of, on question of increase, 359 
to increase, 347 
examiner to take testimony ; where petition is pre- 
sented to borrow money, 370 
increasing, constitutional limitation, 346 
increase of, ballots, 359 
by school district, 356 
election, notice, 359 
election, result, 360 
limited to 2 per cent, at one time, 360 
increasing, statutes must be strictly complied with, 357 
injunction, restraining increase of, 348 
interest, borrow money, 346 
library, tax for support, not increase, under consti- 
tution, 351 
limitation, constitutional, 347 
mandamus does not lie under act February 28, 
1835, to compel directors to levy special tax to 
pay district's indebtedness, 419 
merged districts, adjustment and apportionment, 45 
adjustment of, 380 
mortgages, to secure, 368 
normal schools, limitation of indebtedness, 878 
notice to present claims, 385 
payment, manner of, 356 
receiver appointed by court, 50 
redeeming existing indebtedness, 363 
restraining, increase, 348 
statement, must show in detail, filing, 356 
statement of, preparation, for purposes of increas- 
ing, 356 
statement of, to be published annually, 354 



546 GENERAL INDEX 

(The references are to the Sections.) 

Indebtedness — Continued. 

surplus of ordinary school tax may be used for pay- 
ment of debts for building purposes, 412 
tax, annual, required by constitution, for payment 

of, 355 

for support of library, not an increase, under 
constitution, 351 

validate, how to, created by school directors without 

assent of electors, 373, 374, 375 

Independence Day — See "legal holidays," 527 

Independent School Districts. 

abolished, how, 10 

by act of general assembly, when act to take 

effect, 911,912 

abolishing certain, created by common pleas, 923 

those created by act of assembly, 924, 926, 928 

those created by courts of quarter sessions, 

924, 926, 928 
abolition, when it takes effect, 20 

application to abolish, contents, 11 

assessment in independent school districts, 432 

assessors, duties of, 917 

auditors, compensation, 472 

duties, 471 

election of, 469 

board of directors, powers, 7 

collection of taxes in, 8 

costs and fees for creation, * 6 

county commissioners, duties of, upon erection of 

new, 921 

created by act of assembly — when they may be 

abolished, 924, 926, 928 

by courts of common pleas — when certain, may 

be abolished, 923 

by courts of quarter sessions— when they may 

be abolished, 924, 926, 928 

creation of new districts, 7 

petition, 6 

courts will not create, excepting, 9 

decree erecting, court may vacate in certain cases, 922 

directors — election of, 918, 925 

elections, manner of holding in, 925 

formation, how new districts may be formed, 919 

policy of the law against, 9, 930 



GENERAL INDEX 547 

(The references are to the Sections.) 

Independent School Districts — Continued. 

necessity of, 9 

new proceedings upon erection of new, 920 

proceedings to continue, 912 

property, revision of upon abolition of, 927 

rights, how determined when court refuses to 
continue, 913,914 

report of commissioners in proceedings to erect, 915 
reporting a new district, commissioners should an- 
nex a draft, 916 
■ school directors, election of, 88 
treasurer's accounts, settlement, 157 

Information. 

general form of, 957 

school laws, relative to, to be given by superin- 
tendent of public instruction, 724 

Injunction. 

building tax, court will continue preliminary in- 
junction to restrain collection, until it appears 

that tax levy was authorized and legal, 415 

pupil's board, payment of, 298 

restrain, increasing indebtedness, 348 

school directors, against, 305 

tax, when collection of tax will, be restrained, 423 

Inspector of School Accommodations. 

appointment, notice, 192 

petition for the appointment of, form of petition, 949 

Institutes. 

see "county institutes," 641, 651 
"city and borough institutes," 652, 655 
teacher's permanent certificate issued by commit- 
tee of, 576 

Institutions of Learning. 

taxation, exempt from school tax, 407 

Instruction. 

uniform course to be provided for high schools, 259 

Instructors. 

summer assemblies, superintendent of public in- 
struction, to employ, 733 



548 GENERAL INDEX 

(The references are to the Sections.) 

Insubordination. 

teacher may be dismissed for, 599 

Insurance. 

normal schools, insurance money to held in trust 

by state treasurer, 897 

insurance money to be used for repairing and 
rebuilding, 898 

Interest. 

borrow money, 346 

tax, annual, required for the payment of, 355 

Interstate Comity, 582 

Intoxicating Drinks. 

branches — efifects of alcoholic drinks, stimulants, 
etc., upon human system required to be taught 
in public schools, 707 

persons using, shall not receive a certificate as a 
teacher, 705, 706 

Jail. 

taxation — exempt from school tax, 407 

Janitors. 

dismissal of. for refusing to be vaccinated, 598 

failure to pay, ' 189 

penalty for failure to comply with public health 

acts, 619, 620 

salary of janitors may be paid out of funds raised 

by special building tax, 413 

special tax, authorized for payment of ex- 
penses of janitor employed to care for school 
buildings, 418 

vaccination of, dismissal for refusing to be, 598 

Joint Evening High Schools, 278 

Joint Evening Schools, 275 

Joint High Schools. 

establishment, 260 

Joint Meetings. 

directors, from adjoining districts, 233 



GENERAL INDEX 549 

(The references are to the Sections.) 

Joint Schools. 

board of, pupils attending, payment, 240 

contract between school districts to form joint 

schools, 245 

discretion of directors, reviewable by the courts, 244 

discretionary power of directors relative to which 

school pupil shall attend, 243 

establishment of joint schools, 230 

for adjoining counties, 232 

expenses and tuition, how paid, 238 

' house, building of, • 231 

proceedings for establishment, 233 

transportation of pupils, cost, 237 

recovery for, 241 

tuition, non-resident pupils, 246 

Judge. 

of election, candidate for school director can act as, no 
Judgment. 

abolished school district, 20 
against school district, 30, 65 

failure to comply with laws, 75 

execution on, procedure against school district, 70 

payment of judgment against school district, 65 

rendered by justice of peace against school district, 'J2 

report of viewers — land taken for library purposes, 509 

school district, judgment against, 65 

school districts, 61 

Jury. 

trial by — land taken for library purposes, 510 

Justice of Peace. 

suits by, against school district, 72 

Juvenile Court. 

action by judge, powers of the court may be exer- 
cised upon trial, 554 
certificate of district attorney, powers of court may 

be exercised upon, 553 

of justice of peace, powers of court may be ex- 
ercised upon, 552 
of magistrate, powers of court may be exer- 
cised upon, 552 



5=^0 GENERAL INDEX 

(The references are to the Sections.) 

Juvenile Court — Continued. 

children, discharged from reformatory, 558 
commitment, limit of, 562 
of child, _ 557 
control of children, 555 
delinquent child under twelve years of age, com- 
mitment, 565 
guardianship — appointment of, 559 
home family, commitment of child to, 564 
jail, unlawful to confine child, in certain cases, 561 
judge, power of — cbntrol of children, 555 
legal adoption, awarded, 559 
petition of citizen, powers of court may be exer- 
cised upon, 551 
police station, unlawful to confine child, in certain 

cases, 561 

probation offtcers, appointment of, 556 

duties of, 556 

records, 550 

religious belief of children, commitment, 563 

sessions, 550 

Kindergartens, 202 

school age for children to attend free kindergar- 
tens, 202 

Labor Day — See "legal holidays," 527 

Land — See "eminent domain." 

abandoned, for school purposes, 308 

burial places, may be taken for school purposes, 313 
condemned, for school purposes, title, 308 

county, owned by, may be taken for educational 

purposes, 310 

library purposes, taken for, 507 

purchase, borrowed money, 346 

school sites, power of directors to enter upon and 

occupy, 303 

Laundry. 

employment of children, 223 

Law^s. 

women eligible to office of control or management 
under, 103 



GENERAL INDEX 55^ 

(The references are to the Sections.) 

Lease. 

building for school house, special, building tax may- 
be used for, 422 
grounds for park or recreation purposes, 324 
house and lot to school district, form of, 953 

Lecturers. 

summer assemblies, superintendent of public in- 
struction to employ, 733 

Legal Holidays, 527 

schools not to be kept open for instruction on hol- 
iday, 526 
teaching on legal holidays forbidden, 526, 528 

Legal. 

residences, I04 

Legislature. 

duty to establish schools, I 

Leprosy. 

children residing in house in which any person is 
suffering from, not allowed to attend school, 611 

duty of health authorities to furnish daily to per- 
sons in charge of schools name and location of 
persons suffering from, 618 

Levy. 

tax, time of making the levy, 394 

Liens. 

filing of, when and how tax claims must be filed, 428 
lien of taxes, 427 

Libraries. 

aid from borough councils, S'^7> S'^^ 

aid to already established, from school district, 513 

agreement between borough and adjoining town- 
ship to aid library, S^S 
annual accounts, of school directors, _ _ 492 
report of managers receiving aid from adjoin- 
ing townships, S^o 
books, larceny of, 493 
larceny of, how punished, 493 
legal possession, 499 



552 GENERAL INDEX 

(The references are to the Sections.) 

Libraries — Continued, 
books, 

lost, liability for, 494 

issue list, 499 

purchase of, 492 

selection of, 497 

title of, 493 

use of, 498 

use of, regulated, 494 

borough councils may aid free public, 517, 518 

boroughs in, aid by adjoining township, 515 

collateral inheritance tax, gifts and endowments, 

free from, 504 
district school, establishment of, 491 
established and maintained by adjoining school dis- 
tricts, 522 
free public, may be established and maintained by 

school districts, . 501 

gifts and bequests, 500 

and endowments for, 504 

librarian, assistant, 496 

manager's annual report, audit, 514 
private property taken for purposes of, appeal from 

award of viewers, 510 

damages, 508 

viewers, notice of meeting, 508 

viewers, report of, 509 

rules and regulations, 496 

books, ownership, 499 

burglary, breaking into at night, etc., 493 

private property may be taken for purposes of, 507 

trustees, when election may be dispensed with, 520 

viewers, appeal from award of, assessing land taken 

for, 510 

school directors, powers of, 500 
school, purchased with school fund, taxation for 

purposes, 426 

supervision and inspection of state librarian, 521 

taxes for purposes of, 501, 503, 522 

taxation for purposes of free public libraries, 

425, 426, 503 

public libraries are exempt from school tax, 407 
townships adjoining boroughs may extend aid to 

existing libraries, 515 

trustees, election, 5^9 



gi:neral index 553 

(The references are to the Sections.) 

Libraries — Continued. 

election, when it may be dispensed with, 520 

powers and duties, election, term of office, 519 

term of members, 519 

vacancy, 5^9 

viewers, compensation of, assessing land taken for, 512 

Librarian — See "libraries," 49^ 

Literary Purposes. 

school house, may be used for, 326 

houses may be used for free public libraries, 
see "libraries," 502 

tax, annual, for support, not an increase of indebt- 
edness, under constitution, see "libraries," 351 

Lighting. 

school houses, 320 

Lincoln's Birth-day — See "legal holidays," 527 

Liquor License. 

money, portion of, to be paid to school district, 931 

Literary Societies, 296 

Loco Parentis. 

school teacher is in, when child is placed by parent 
in school, 602, 603 

Mandamus. 

controllers, school, neglect or refusal to perform 

duty, 305 

directors, to restore expelled pupils, 295 

evening schools, directors refusal to establish, 280 

manual training night schools to establish, 284 

office of school director, 107 

office of school teacher must be settled by quo 

warranto, 605 

pupils, expelled from school, 295 

school directors may be compelled to organize as 

a board of health by writ of, 627 

neglect or refusal to discharge duty, 305 

special levy, mandamus does not lie to compel di- 
rectors to levy special tax to pay district's in- 
debtedness under act February 28, 1835, 419 
treasurer compelled to pay order by, 166 



554 GENERAL INDEX 

(The references are to the Sections.) 

Manual Training Night Schools. 

term, 284 

Manufacturing. 

children — employment of children in manufactur- 
ing industries, 223 

schools for instruction of, may be established by 
city councils of any city, 783 

Maps. 

agents for sale of, who cannot act as agents, misde- 
meanor, punishment, 673 

Market House. 

taxation, market house owned by a borough is not 
subject to school or building tax, 407 

Mechanic Arts, 201, 228 

schools of instruction in, 201,792,821 

Meeting Houses. 

taxation — exempt from school tax, 407 

Meetings. 

absentees, removal of, by school directors, 172 

annual, of school directors, compensation, 183 

board of directors and controllers, notice, 169 

of school directors, business, when cannot be 

legally transacted, 177 
of school directors, motion and resolutions, 176 
of school directors, of, tie vote, 178 
directors of, record of, adjournment, 172 
procedure upon convening, 174 
school, absent, ouster proceedings, 173 
joint, directors from adjoining districts, 233 
high school directors of adjoining districts, 260 
quorum, board of school directors, 175 
regular, of board of school directors, 179 
"stated" and "regular" meetings of boards of di- 
rectors or controllers, defined, 170 
special, of board of school directors, by whom 
called, 181 



GENERAI, INDEX 555 

(The references are to the Sections.) 

Misdemeanor. 

board of school directors, guilty of, 132 

break or enter school house, 325 

directors fail to publish annual account, 480 

refusal or neglect to suspend teachers wearing 
any religious dress or emblem in public 
schools, 608 

draw order for other than a legitimate purpose, 132 

indebtedness, failure to publish statement of, an- 
nually, 354 
treasurer, misappropriate school funds, 160 

Membraneous Croup — See "public health," 

children residing in house in which any person is 

suffering from, not allowed to attend school, 611 

duty of health authorities to furnish daily to per- 
sons in charge of schools, names and loca- 
tions of persons suffering from, 618 
of physicians to report to secretary of school 
board in townships, names and residences 
of persons afflicted, 623 

Memorial Day — See "legal holidays," 527 

Militia. 

director, exempt from performance of duty, 108 

Mining. 

schools for instruction of, may be estabhshed by 
city councils of any city, , 783 

Minutes. 

board of directors agreeing to send pupils to ad- 
joining school district, 242 
and controllers, tax, determining amount, 

395. 295. 397 
showing agreement of transportation of pupils, 241 
contracts between school districts, 245 

contract for erection of school house, 345 

directors, establishing joint high school, 260 

election of school teacher, 591 

evidence, unrecorded acts not void, 345 

taxation — exonerations made by school board to be 

recorded on minutes thereof, 410 



556 GENERA!, INDEX 

(The references are to the Sections.) 

Minutes — Continued. 

minutes of school board should show proceed- 
ings and votes in determining amount of 
school tax, 395, 396, 397 

of board of directors as to amount to be col- 
lected, 393 
unrecorded acts of school not void, 345 
visitation, of high school, 250 

Mortgages. 

indebtedness to secure, 368 

Motions and Resolutions. 

of board of directors, 176 

Municipal Officers. 

school directors are not, yy 

Municipality. 

taxation, property of a municipality owned and 
used for public purposes is not taxable, unless 
specifically made so by law, 407 

Museums. 

taxation, public museums are exempt from school 
tax, 407 

Negligence. 

school district's accountability, 63 

teachers disobeying reasonable rules of school 
board is negligence for which they may be dis- 
missed, 598 

Negotiable. 

orders, school, not, 299 

warrants, school, not, 299 

New Year's Day — See "legal holidays," 527 

Night Schools — See "evening schools," 274 

manual training, - 284 

Non-resident Pupil. 

tuition, payment, 246 



GENDRAI, INDEX 557 

(The references are to the Sections.) 

Normal Schools. 

admission of students on school district's account, 

examination, 843 

of teachers from the common schools, 846 

qualifications, 841 

allowance, instruction of pupils drawing an allow- 
ance from the state, 867 
of fifty dollars to graduates of normal schools, 

868, 869 
to students who agree to teach in the common 
schools, 866 

annual reports of trustees, 833 

application for state normal diploma, forms of ap- 
plications, 951 
of schools to be admitted to the privileges of 
normal schools, 851,852 
appropriation for, expenses of board of examiners, 847 
from state, distribution of, 877 
from the state, 865 
bonds and mortgages, execution of, liens, 880, 881 
books, text-books, 842 
buildings, ^ 834 
buildings, lodging rooms and refectories, 835 
condemnation of real estate, enlargement of school 

grounds, bond, 884 

of real estate, petition, appointment of viewers, 885 
proceedings, estimate of damages, 887 

proceedings, viewers, appeal from award of, 890 
streets cannot be appropriated to enlarge 
school grounds, 891 

certificates of graduation, 853, 854, 855, 856 

certificate, provisional, degree of scholarship, 859 

certificate of scholarship, 853, 854 

course of study, " 839 

diploma, second, 857 

forms of applications for state normal diploma, 951 
districts, 828 

eminent domain, 884 

establishment of normal schools, 830 

requisites for the establishment of a normal 
school, 863 

examinations, manner of holding, 849 

of graduating class, board of examiners, 847 

of schools desiring to be admitted to the priv- 
ileges of normal schools, 851 



558 CENERAI, INDEX 

(The references «re to the Sections.) 

Normal Schools — Continued. 

board of examiners, 847 

extension of corporate privileges, eminent domain, 891 
graduates under age of seventeen years not entitled 

to fifty dollar allowance, 869 

graduation, examination of candidates for, 853 

graduating class, examinations of, board of ex- 
aminers, 847 
graduation, number of votes necessary to obtain a 

certificate, 858 

second diploma, 857 

grounds, enlargement of, condemnation of real es- 
tate, bond, 884 
indebtedness, bonded indebtedness may be re- 
funded, 879 
execution of bonds and mortgages, liens, 880, 881 
increase of mortgage, statement to auditor gen- 
eral, 879 
limitation of, 878 
no power to mortgage without special statu- 
tory authority, 882 
insurance money to be held in trust by state treas- 
urer, 897 
to be used for repairing and rebuilding, 898 
library for use of students, 836 
liens, mechanics' liens, normal schools subject to, 883 
management of normal school by boards of trustees, 831 
mechanics' lien, normal schools subject to, 883 
model schools, 840 
mortgages and bonds, execution of, liens, 880, 881 
officers of institutions receiving state aid shall not 

furnish supplies, misdemeanor, 892, 893 

operation, when they shall go into operation as nor- 
mal schools, 862 
principal, 838 
professors, 837 
provisional certificate, degree of scholarship, 859 
pupils from school districts may be instructed in 

normal schools, 845 

power to expel, 296 

qualifications for admission, 841 

real estate, state may purchase real estate of normal 

schools in certain cases, 894 

scholarship, certificate of, 853, 854 

schools for practice, 840 



GENERAL INDEX 559 

(The references are to the Sections.) 

Normal Schools — Continued. 

when they shall go into operation as normal 

schools, 862 

state appropriation, 865 

appropriation, distribution of, 877 

trustees, appointment, 864 

graduates agreeing to teach in public schools 

to receive allowance of fifty dollars, 868 

allowance of fifty dollars to graduates of, 868, 869 
instruction of pupils drawing an allowance from 

the state, 867 

mortgage, increase of, statement to auditor gen- 
eral, 879 
schools desiring to be admitted to the privileges of 

normal schools, examinations, 851 

students, instruction of pupils drawing an allow- 
ance from the state, 867 
students who shall sign agreement to teach in 
public schools for two years to receive al- 
lowance of fifty dollars, 868, 869 
allowance to students who agree to teach in 
the common schools, 866 
trustees of institutions receiving state aid forbid- 
den to furnish supplies, misdemeanor, 892, 893 
students admitted to school on school district ac- 
count, examination, 843 
compensation from, 844 
duty of students who graduate on district's ac- 
count, 860 
power to expel students attending on district 

account, 850 

qualification for admission, 841 

superintendent of public instruction to advise, 861 

teachers, qualifications, 837 

text books, 842 

thirteenth district erected, 829 

trustees, annual reports, 833 

election and appointment, 870,871,872,873 

elected by contributors or stockholders, 871 

first election and appointment of, 873 

management of normal schools by board of 

trustees, 831 

may arrange with school directors for instruc- 
tion of pupils in normal schools, 845 
meeting of board of trustees, 876 



560 GENERAL INDEX 

(The references are to the Sections.) 

Normal Schools — Continued. 

trustees, 

power of board of trustees to receive, hold and 

use real and personal property, 832 

powers of, 870 

powers and privileges of the two classes of 

trustees, 875 

quorum, 874 

state trustees appointment, 864 

state trustees, nomination and appointment, 872 
visitation, 833 

tuition fees, 844 

viewers to condemn real estate for purposes of, 

885, 886, 887, 888, 889, 890 
to condemn real estate, report, 885, 886, 887 

visitation by trustees, 833 

Notice. 

claims against school district, 48 

Nuisances. 

in townships, abatement of by school board, 624 

Oath. 

auditors, failure to take, 484, 439 

power to administer, 475 

collector of school tax, form of, 941 

county superintendent, judge of court of common 

pleas may administer oath of office, 686 

oath of office, 686 

oath of office to be filed in department of com- 
mon schools, 686 
superintendent of public instruction may ad- 
minister oath of office, 686 
directors, oath of office, 118 
president of board to certify number of months 

schools have been kept open, 131 

tax collector to be sworn, 439, 941 

Oath of Office. 

board of public education of cities of first class, 759 

Occupation Tax. 

per capita tax to be in lieu of occupation tax, 405 

Offenses. 

out of school, 604 



GENKRAI, INDEX 561 

(The references are to the Sections.) 

Office. 

borough office, school directors exempt from serv- 
ing in, jQg 
change of residence, effect, 104 
city office school director, exemption from serving 

^"' 108 

control or management, women eligible to, 103 

director, auditor ineligible to hold office of,' 490 

right to office must be settled by quo warranto, 107 

effect of borough adopting city charter, ' 105 

incompatible with that of collector of school 

tax, constable, pathmaster, etc., 109 

term of, 124, 125 

oath of, by school directors, ng 

school director, auditor ineligible to hold, 490 

secretary and treasurer cannot be filled by the same 

person, ^^^ 

township office, school director exempt from serv- 
ing in, jQg 
treasurer and secretary cannot be filled by the same 
person, 

of board of school directors, is an appointed of 

ficer, 
of board of school directors, 147 

when city treasurer becomes school treasurer, 184 

Officers. 

board of school directors, their duties, 126 

health, duty of health officers, 618 

pro tempore, officers, jg2 

school board, officers of, . jjg 

Organization. 

directors, business at meeting of organization, 120 

directors, board of, time, 116 120 

failure to organize as a board, ' igg 

factional organization of board of school directors, 117 
failure to form, by school directors, 120 186 

school for deaf mute children, ' 208 

Order. 

drawn for other thanjegitimate purposes, a mis- 
demeanor, 
on treasurer, contents, ^, tco 



145 
168 



562 GENERAI. INDEX 

(The references are to the Sections.) 

Organization — Continued. 

payment, by treasurer of board of school directors, 

I47> 149. 150 
president of school board, drawn by, 128 

purchase of school order by treasurer, violation of 

duty, ^ 151 

school orders not negotiable, 299 

state appropriation for, superintendent of public in- 
struction to sign, 725 
sign, refusal to, by secretary of board of school di- 
rectors, penalty, 142 

Orphan Children— See "children." 

admission to public schools, 221 

Ouster. 

directors, for absence, proceedings, 173 

Parents. 

rights and duties of, duty of superintendent of 
public instruction to give information relative to, 
see "school laws," 724 

secretary's official notice to parents of absence, 
form of notice, 960 

summons on, under compulsory school law, form 
of summons, 962 

summons on under compulsory school law, form 
of service of summons, 963 

whose children are refused admission to school are 
not liable to penalty provided by compulsory ed- 
ucation law, 616 

Parties to Contract. 

conveying children to or from school, 239 

Parks. 

lease of grounds for, 324 

school grounds may be used by public for recre- 
ation purposes, 322 

Parochial Schools. 

vaccination, persons in charge, required to refuse 
admission of any child except upon a certificate 
signed by a physician, 613 



ge;ne;ral index 563 

(The references are to the Sections.) 

Patrons. 

petition for or against appointment of teacher, 594 

teachers appointment, right to petition for or 
against, 594 

Pathmaster, Office of. 

incompatible with that of school directors, 109 
Pennsylvania School Journal. 

supplied to each district at expense of state, 140 

Permanent Certificates — See "certificates," 574 

committee on, at city and borough institutes, 654 

Permanent State Teachers' Certificate— See "certifi- 
cates," 579 

Per Capita Tax. 

collection of per capita tax, ■ 405 

may be levied for school purposes, 403, 404, 405 

occupation tax, to be in lieu of, 405 

Petition. 

annexation of land for educational purposes, peti- 
tion for, 964 
appointment of teacher, right of patrons to petition 

for or against, ^94 

centralization, petition for, 268 

damages, to assess damages for a school house lot, 

form of petition, 964 

evening school, petition for, 274, 283 

manual training night school, 284 

sanitary agent, form of, for appointment, see 

"forms," 945 

' school directors, for removal of, form of, 948,950 

viewers for appointment of, to view and condemn 

land belonging to county, 312 

Physical Culture, 286, 292 

Physician. 

- certificate, to admit pupils excluded from school 
under "public health acts," 612 

health authorities to furnish certain blank certifi- 
cates, 617 



564 GSNERAI, INDEX 

(The references are to the Sections.) 

Physician. 

penalty for failure to comply with public health 
acts, 619,620 

township in, duty to report certain cases to sec- 
retary of school board, 623 

vaccination, liability of borough for expenses in- 
curred by board of health employing physician, 631 

Physiology. 

county superintendent's report on instruction of, 707 
experiments on living animals forbidden, 290 

Play Grounds. 

land, appropriation for, 313 

Police Power of State. 

act June 18, 1895, P. L. 203, is a valid exercise of, 622. 
Population of Different Classes of Cities, 17, 18, 19 

Practical Teachers State Certificate. 

forms of, 952 

President — See "directors." 

board of school directors, duties of, 126 

orders, power to draw, 128 

teachers, cannot employ, 129 

President Pro Tempore. 

board of school directors, 181 

Prescription. 

school board cannot acquire title by, 308 

Principals. 

blanks, health authorities to furnish certain blank 
certificates, 617 

school, penalty for failure to comply with public 
health acts, 619,620 

vaccination, required to refuse any child to school 
except upon physicians certificate, 613 

Printing Office, 

children, employing of, ' 223 



GENERAL INDEX 565 

(The references are to the Sections.) 

Private Schools. 

vaccination, persons in charge required to refuse 
admission to any child except upon a certificate 
signed by a physician, 613 

Probation Officers. 

appointment of, duties of, 556 

care of delinquent child, 560 

Proceeding. 

under act of April 9, 1867, power to discontinue, 309 
Process, Legal. 

service of against school district, 61 

Professional Certificate — See "certificate," 572 

Property — See "school houses," see "buildings." 

compensation, paid by borough to township for 

school property, 44 

deteriorate, school property allowed to, 189 

division, school property upon formation of new 

district, 26 

division of, 28 

protection of school, of cities and boroughs, 322 

trust property, tax on, 408, 409 

Provisional Certificates — See "certificates," 571 

Public Art Galleries. 

taxation, exempt from school tax, 407 

Public Grounds. 

use of school grounds, 322 

Public Health Acts — See "vaccination." 

act June 18, 1895, P. L. 203, is constitutional, 622 

blanks, health authorities to furnish certain blanks, 617 
children, certain not allowed to attend school re- 
siding in house in which any person is suffering 
from certain diseases, 611 

compulsory education law not in conflict with, 616 
exclusion of certain pupils under same, period of 

exclusion, 612 

health officers, duty of, 618, 619, 620 



566 GENERAL INDEX 

(The references are to the Sections.) 

Public Health Acts — Continued. 

janitor, penalty for failure to comply with law, 619, 620 
physicians' certificate to admit certain pupils ex- 
cluded under public health acts, purpose of, 612 
principal, penalty for failure to comply with law, 

619, 620 
principals of schools to refuse admission of chil- 
dren except upon physician's certificate of vac- 
cination, 613 
sanitary agent, form of petition for appointment 

of, 945 

sanitary agent in townships, appointment of form 

of petition, 625,633,945 

school directors may be compelled to organize as a 

board of health, mandamus, 627 

sexton, penalty for failure to comply with law, 619, 620 
superintendent of Sunday-school penalty for failure 

to comply with law, 619, 620 

townships, duty of school board in, 626 

school board to exercise power of board of 

health, 623 

vaccination, law applies to, 621 

vaccination, certificate of, must be presented by 
pupils, 616 

forms of physicians' certificate of, 958 

law applies to townships, , 621 

of children is a condition precedent to admis- 
sion into the public schools, 616 
physicians certificate of, under Act June 18, 

1895, Sec. 12, see "forms," 615,958 

right of teachers to exclude pupils for fail- 
ure to be vaccinated, 614 

Public Museums. 

taxation, exempt from school tax, 407 

Public Instruction. 

department of, 717, 718, 719 

superintendent of, see "superintendent of public 
instruction," 718, 719 

Public Libraries. 

taxation, exempt from school tax, 407 



GENERAL INDEX 5^7 

(The references arc to the Sections.) 

Public Schools— See "schools." 

establishment of, ' ^95 

colored children, right to attend, 19^ 

right to attend, ^97 

Public School System. 

creation of, ^ 

creature of state constitution and laws, I 

Pupils. 

absent, duty of teacher to report, ^ 542 

adjoining districts, attending school in, 272 

attending adjoining school districts, ^ 242 

attending joint schools, expenses, how paid, 238 

attending higher grades of schools in other dis- 
tricts, 273 
board of, 240 
payment, 290 
attending joint schools, payment, 240 
conveyance of, to central schools, "^^7 
corporal punishment, right of teacher to use, 602, 603 
directors may arrange to have pupils instructed in 

normal schools in certain cases, 845 

examination, non-resident attending high school, 272 
evening schools, admittance, 279 

excluded from school because of "public health 

acts," period of exclusion, 612 

expulsion, ^94 

by teacher, 296 

from high schools, 249 

from normal schools, 296 

power of school board, 296 

jurisdiction and authority of teaclier over, offences 

out of school, 6°4 

non-resident, tuition, 246 

tuition, payment of, 246 

refused admission to school, parents are not liable 

to penalties of compulsory education law, when, 616 
residence of, ^ ^°° 

residing in house in which persons are suffering 
from certain diseases, not allowed to attend 
school, ^^^ 

rights and duties of, duty of superintendent of pub- 
lic instruction to give information relative to, 
see "school laws," 724 



568 GENERAI, INDEX 

(The references are to the Sections.) 

Pupils — Continued. 

suspension from high schools, 249 

suspension, 294 

teachers monthly report, 585 

transportation of, where centralization, 271 

transportation of, cost of, 273 

see "transportation," 234-241 

truants, disposition of, 537 

vaccination, right of teachers to exclude pupils for 

failure to be, 614 

of, is a condition precedent to admission into 

the public schools, 616 

pupils must present certificate of, 616 

right of school directors to exclude pupils for 
failure to be vaccinated, 628 

Quarter Sessions — See "juvenile court," 550 
annexing land, for educational purposes, 31 
of adjoining school districts, petition, contents, 33 
auditor may be appointed to adjust indebtedness, 384 
certification of new school districts, 39 
children under age of 16 years, jurisdiction in pro- 
ceedings affecting treatment and control of de- 
pendent, neglected, incorrigible and delinquent 
children, 548 
under 16 years of age, power of courts over, 547 
commitment of children, 557 
decree creating new school districts, 39 
of annexation of land for school purposes, 
decree set aside, when, 35 
delinquent children, ' 548 
dependent children, 548 
detachment of lands from school district, proceed- 
ings, 36 
directors, appointment of, 86 
decrease of number to two, 99 
power to remove, 185 
removal for failure to elect necessary teach- 
ers, 188 
removal far failure to provide proper water 

closets, 332 
removal for refusal or neglect to perform of- 
ficial duty, 305 
removal of, failure to organize properly, 117 
election returns, increase of indebtedness, . 359 



GENERAL INDEX 569 

(The references are to the Sections.) 

Quarter Sessions — Continued. 

incorrigible children, • 548 

independent school district created by court of 
quarter sessions, when they may be abolished, 

924, 926, 928 
neglected children, 548 

trials of delinquent children upon indictments, 566 

vacate seats of school directors, for failure to or- 
ganize, 120 
viewers, appointment of, to condemn land owned 
by county, 312 

Quorum. 

board of school directors, 175 

Quo Warranto. 

office of school director, right to, 107 

teacher must be settled by, 605 

Race. 

no distinction to be made, 198 

Real Estate — See "eminent domain." 

directors shall have no interest in property pur- 
chased, 57 
division of, 28 
upon formation of a new school district, 26 
high schools, for,' 254 
new school district, undue proportion, 47 
normal schools, condemnation of real estate, en- 
largement of school grounds, bond, 884 
condemnation of real estate, petition for ap- 
pointment of viewers, 885 
state may purchase real estate of normal 
schools in certain cases, 894 
purchase, by school districts, 56 
of real estate injoined, 57 
sell, alien, etc., by school districts, 56 
trust, real estate held in, 58 
trustees, sale by, 58 

Receiver. 

appointment of by court of common pleas, 50 

duties, powers, 50 

indebtedness of school districts, 50 



57° GENERAL INDEX 

(The references are to the Sections.) 

Record. 

of suits before justices and aldermen against 

school districts, contents, 73 

unrecorded acts of school board not void, 345 

Recovery. 

for transportation of pupils, see "joint schools," 241 
Registry. 

school, to exhibit names and residences of all chil- 
dren admitted or rejected for reasons of public 
health acts, 617 

Regulations. 

high schools, for, 249 

school director, written, 98 

Relapsing Fever. 

child residing in house in which any person is suf- 
fering from, not allowed to attend school, 61 1 
duty of health authorities to furnish daily to per- 
sons in charge of schools, names and location of 
persons suffering from, ^ 618 
physicians to report to secretary of school 
board in townships, names and residences of 
persons afflicted with, 623 

Remonstrance. 

appointment of teachers, against, 594 

Removal. 

residence from, efifect, 104 

Repairs. 

payment of, ordinary school tax may be used for 
the payment of occasional repairs, when there 
is no building tax or fund, 411 

tax, building tax cannot be levied for ordinary re- 
pairs but may be for "completing improvements 
in school buildings contemplated at the time of 
their erection," 421 

Report, Annual. 

failure to make, 205 



ge;neraIv index 571 

(The references are to the Sections.) , 

Report. 

director's report to superintendent of public in- 
struction, under Act June 28, 1895, ' 264 

libraries, annual report by managers, receiving aid 
from adjoining townships, 516 

monthly report from teachers to secretary of school 
board, 136 

principals, monthly report, 291 

teachers monthly report, 291 

Residence. 

adjoining school districts, attending school in, 242 
change of, effect, 104 
children attending schools in adjoining districts, 238 
inmates attending charitable institutions, 199 
legal residence, , 104 
of pupils, 200 
pupils attending school in adjoining districts, tui- 
tion, payment, 246 

Resolution. 

tax, to pay annual, for support of library, '351 

Revenues for School Purposes — See "taxation." 

liquor license money — portion to be paid to school 
fund in certain cases, 931 

trespass upon private property — penalties recov- 
ered for, to be paid to the school fund, 932, 933, 934 

Rules. 

high schools, for, 249 

Sanitary. 

water supply for sanitary purposes, contract, 337 

« 

. Sanitary Agent. 

appointment of, in townships, 625, 633 

compensation in townships, 625 

petition for appointment of, form of petition, see 

"forms," 945 

Salaries. 

teachers, in high schools, 249 



572 GENERAL INDEX 

, (The references are to the Sections.) 

Salary. 

county superintendent, how paid, 691,692 

director, school may receive when acting as sec- 
retary of the board, 143 
janitors, payment of, may be made out of funds 

raised by a special building tax, 413 

school teacher, minimum salary of, 595 

secretary of school board, salar}^ of, 143 

payment of salary, ordinary school tax may be 
used for the payment of salary of, 411 

teacher's, order for, 136,150 

treasurer's salary, per centage, 158 

treasurer of board of school directors, salary of, 147 

Saturday. 

school not to be kept open for instruction on, 526 

Scarlet Fever. 

child residing in house in which any person is suf- 
fering from, not allowed to attend school, 61 1 

duty of health authorities to furnish dailv to per- 
sons in charge of schools, the names and location 
of persons suffering from, 618 

duty of physicians to report to secretary of school 
board in townships, names and residences of per- 
sons afiflicted, 6 "'3 

Scientific and Educational Instruction. 

cities may establish institutions for, acquisition 

of property, trustees, 783, 8.?6 

Scholars — See "pupils," "children." 

directors may arrange to have children instructed 
in normal schools in certain cases, 845 

Schools. • 

absent pupils, duty of teacher to report, 542 

agriculture, instruction in, cities may establish 

schools for, 783, 826 
application of schools, to be admitted to the privi- 
leges of normal schools, 851. 852 
athletics, 201,821 
attendance, closed by reason of small, 235 
attending school in adjoining districts, 242 



gi;nb;rai, index 573 

(The references are to the Sections.) 

Schools — Continued. 

blanks, health authorities to furnish certain blanks 

to persons in charge, 617 

books, see "books," 656,. 675 

use of, during vacation, 665 

purchase of, see "books," 664 

branches, duty of county superintendent to see that 

certain branches are taught, 699 

central schools, 267 

centralization of, elections for, 269 

commerce, instruction in, cities may establish 

schools for, 783, 826 

contractor's bond, power of school board to ap- 
prove, 340 
contracts, void, 341 
Cornplanter Indians, for, 899, 904 
compulsory attendance, 529 
deaf mute children, for, 208 
elections for centralization, 269 
establishment of schools, 195, 274, 783 
establishment, discretionary powers of directors, 196 
examinations of schools desiring to be admitted to 

the privileges of normal schools, 851 

expenses, payment of, 297, 301 

free kindergartens, 202 

government of, corporal punishment, 602, 603 

grades and transfers, regulation of, 207 

grades, power to establish, 206 

grounds, expenditures for improvements, 323 

may be used for park and recreation purposes, 322 
heating, contract for, bids, 344 

higher grades, attending from other districts, 273 

houses, air space, 321 

awarding contract, 343 

•class rooms, 321 

fire escapes, ' 328 

heating, 321 

lighting, 320 

location of, 305 

location of, review by courts, 306 

plans and specifications, • 318, 319 

unlawful entry or breaking, misdemeanor, 325 
ventilation, 321 

inspector of school accommodations, form of peti- 
tion for the appointment of, 949 



574 GENERAL. INDEX 

(The references are to the Sections.) 

Schools — Continued. 

joint evening high schools, 278 

laws, duty of superintendent public instruction to 

give information relative to, 724 

libraries, see "libraries," 491,522 

taxation for purposes of, 426 

management of, duty of superintendent of public 

instruction to give information relative to, 724 

manufacturing, instructions in, cities may estab- 
lish schools for, 783 
maintenance and support, see "taxation," 390 
maintenance, constitutional provision for, 390 
mechanic arts, 201 
mining, instruction in, cities may establish schools 

for, 783 

night schools, see "evening schools," 274 

offences out of school, 604 

order, not negotiable, 299 

principal, penalty for failure to comply with public 
health acts, 619, 620 

supervising principal of schools, duties of, 680, 681 
property, measure of value in adjusting indebted- 
ness, 382 
property of independent school district, revision of 

upon abolition of district, 927 

property, protection of in cities and boroughs, 322 

pupils excluded from attending school because of 

public health acts, period of exclusion, 612 

registry, to exhibit names and residences of all 
children admitted or rejected for reasons of pub- 
lic health acts, 617 
requisites for the establishment of a normal school, 863 
residence, right to attend school, 200 
revenues for school purposes, see "taxation," 390 
right to attend school, * 197 
school month, 526 
scientific instruction cities may establish schools 

for, 783.794 

sectarianism, appearances of, to be avoided in pub- 
lic schools, 606 
sites for school buildings, see "eminent domain," 

303. 304 

sites, burial places, appropriation of, 313 

land owned by county, may be taken, 310 

report of viewers, 307 



I 



GEINDRAL INDElX 575 

(The references are to the Sections.) 

Schools — Continued. 

special school for habitual truants, 539 

superintendent of, in boroughs, 676 

in cities of first class; powers and duties, 770 

in cities of first class; qualifications of appli- 
cants, 771 
in townships, 680 
of public instruction, ' 717, 718 
supplies, authority to contract for, 342 
officers of institutions receiving state aid for- 
bidden to furnish supplies, misdemeanor, 

892, 893 
taxation for support, constitutional provision, 390 

vaccination is a condition precedent to admission 
into the public schools, see "vaccination," 616 

persons in charge of schools required to refuse 
admission of any child except upon a certifi- 
cate signed by a physician, 613 
report of directors to exclude children for fail- 
ure to be vaccinated, 628 
visiting, duty of county superintendent, 709 
visit of, by directors, 203 
warrants, not negotiable, 299 
water closets, number and arrangement for each, 331 
water supply, contract for, 337 
when certain schools may go into operation as nor- 
mal schools, 862 

School Boards — See "directors." 

a deliberative body, 601 

cities of second class forbidden^to employ any mem- 
ber thereof in any capacity in which compensa- 
tion is attached, 788 
cruelty of teachers, power of board to pass upon 

charge, 601 

discretionary power relative to sending children to 

adjoining school districts, 243 

dismissal of teacher for immorality, by, 597 

of teacher for incompetency, by, 597 

of "teacher for refusing to be vaccinated, 598 

of teacher for wearing any religious dress or 

emblem, 608 

duties of township school boards to make health 

regulations, 626 



576 GENERAL INDEX 

(The references are to the Sections.) 

School Boards — Continued. 

duty to disqualify teachers wearing religious dress 

or emblem in public schools, 608 

employment of physician by school board, school 

district not liable, 629 

health, township school board to exercise power of 

board of health, 623 

liability of school board for the . dismissal of a 

teacher, 600 

meeting with teachers for the selection of school 

books, 656, 659, 660, 663 

minutes, books, legal requirements for purchase of, 658 
dismissal of teacher must be set upon, 597 

of, employment of teacher, 591 

money, may borrow, 346 

president of, duty to make report of amovmt of sal- 
ary paid teachers, to superintendent of public in- 
struction, 595 
school books, notice of meeting for purchase of, see 

"books," 662 

secretary's official notice of absence to parent or 

guardian, form of, 960 

report to teachers or principals of children be- 
tween ages of six and sixteen years, form of 
report, 961 

sectional, in cities of first class, agents, 769 

in cities of first class, election, term, 762 

in cities of first class, eligibility, oath, compen- 
sation, 764 
in cities of first class, organization, report, 767 
in cities of first class, powers and duties of, 766 
in cities of first class, secretaries, 768 
taxation, exonerations, powers of school boards to 

make exonerations, minutes, 410 

townships in, abatement of nuisances, 624 

of, to exercise power of board of health, 623 

School Books — See "books," 656 

agents for sale of, who cannot act as agents, mis- 
demeanor, punishment, 672^, 674 

School Buildings. 

debts, surplus of ordinary school tax may be used 
for payment of debts for building purposes, 412 



G^NElRAL INDI^X 577 

(The references are to the Sections.) 

School Buildings — Continued. 

erecting, special tax authorized for purpose of 

erecting school buildings, 418 

furnishing, special tax authorized for purpose of 

furnishing school buildings, 418 

lease of house for school building, special building 

tax may be raised to lease and fit it up, 422 

repairs, ordinary school tax may be used for the 
payment of occasional repairs when there is 
no building tax or fund, 411 

special building tax cannot be levied for or- 
dinary repairs, but see proviso, 421 
uses, purposes for which school houses may be law- 
fully used, 609 

School Directors — See "directors." 

School Districts. 

abolished, districts division of moneys, 20 
abolishment, procedure, 11 
accounts, form of annual statement of districts' ac- 
counts, 937 

two settlements contemplated, 476 

actions by or against school district, 55, 61 

by or against merged districts, 53, 42; 

adjoining, attending high school in, 2'j'2. 

attending school in, 242 

contracts between, 245; 

districts, may join in aiding free public library 

already established, 522; 

districts may join in establishing free public 

library, 522 

joint schools, 230 

alteration of township or borough lines, efifect, 20 

or abolution, when same takes place, 20 
amount of teachers' salary to be reported to super- 

tendent of public instruction, 595 

annexation of land for educational purposes, 31 

of part or parts of, 30 

annexed to borough, apportionment of debts, 21 

assessment in independent school districts, 432 

in new school districts, 431 

assessor, salary of, how paid, 546 

attachment against, 52 

when premature, 69 



578 GENERA!, INDEX 

(The references are to the Sections.) 

School Districts — Continued. 

attending school in adjoining, 242 
auditor's report, appeal from, by taxpayer, 489 
report of, see "auditors," 483 
blank forms to be distributed among proper of- 
ficers by county superintendent, 726 
books for, meeting of directors and teachers for se- 
lection of, 656,659,660,661,662 
books, legal requirements for purchase of, see 
"books," 658 
bonds, bona fide purchasers protected, 365 
for increase of indebtedness, 356 
illegality of assessment does not invalidate, 367 
irregularly issued, recall of, 378 
issued since i8th day of April, 1895, validated, 364 
issuing new for old at another rate of interest, 362 
of school district for damages for appropriation 

of lands, form of, 955 
redeemed, may be, before or after maturity 
with consent of holders, 362 
borough and township divided, procedure, 25 
and township, when one district, 25 
every borough a separate school district, 2 
shall share in rights and liabilities of town- 
ships from which formed, 42 
borrow money, interest, 346 
building tax, not to be levied during division of 
township or school district or erection of a bor- 
ough, 416 
changes in school districts, 20 
children may attend higher grades in other dis- 
tricts, 273 
city, every, a separate, 2 
cities of first class, see "cities," - 757 
of second class, see "cities," 757 
of third class to constitute a separate school 
district, see "cities," 796 
claims against, notice to persons having same, 48 
classification of, 12 
there is no constitutional objection to the 
classification of school districts, 813; note 2.2. 
composed of cities or boroughs, divided into wards, 4 
compensation, cannot demand for real estate an- 
nexed to borough, 21 
consolidated school districts, 4 



GENERAL INDEX 579 
(The references are to the Sections.) 

School Districts — Continued. 

to elect separate board of directors, 4 

contract between school districts, 245 

conveying children to or from school, not to be 

a party to, 239 

contracts, how executed, 60 

corporate bodies, 55 

corporations, school districts are, liability, 64 

creation of school districts, 2 

debt, authorized by court of common pleas, 368 

, deeds, execution, 60 

to, form of, 954 

detachment of lands from proceedings, 36 

directors to establish schools, 195 

disputes among directors or controllers, to be 

settled by superintendent of public instruction, 723 
distinct, when a borough is formed of part of a 

township, 22 

divided into wards, 4 

division of, as affecting tax levy, 40 
documents and valuable papers to be kept by sec- 
« retary of board and transmitted to successor in 

office, 141 

election of directors, 78 
employment of physician by school board, district 

not liable, 629 

enlargement of, division of property, 30 

estopped to deny statement to repudiate bonds, 365 

evening schools, joint, 275 

evidence for, 71 

execution against, 65 

on judgment against, procedure, 70 
fines, under compulsory attendance law, disposition 

of' 535 

first class, . 13 

formation of new, division of property, 28 

fourth class, 16 

friendless child, duty of directors of, 218 

high school, attending in another school district, 272 

may be established in any district, 259 
indebtedness, adjusting between, new and old dis- 
tricts, 350 

adjusting court may pass upon the claims of 

third parties, 383 

adjustment of, where new districts are formed, 380 



580 GENERAL INDEX 

(The references are to the Sections.) 

School Districts — Continued, 
indebtedness, 

adjustment, township merged into borough, 380 
annual statement of, legal requirements, filing, 358 
annual tax to provide for payment in thirty- 
years, 355 
apportionment between districts that have 

merged into one or more, 45, 380 

bonds, bona fide purchasers protected, 366 

calculating assets and liabilities to determine, 353 
collection of, 49 

court to make rules for collection and payment, 386 
created by, without assent of electors, how to 

validate, 373, 375 

election increasing, 359 

how credited, 51 

how to determine, lawful, 353 

increase of, 356 

illegality of assessments does not invalidate 

bonds, 367 

injunction to restrain increase, 348 

limitation, 347, 359 

mandamus does not lie to compel directors to 

levy special tax to pay districts' indebtedness, 419 
may increase to amount exceeding two per 

centum with assent of electors, 359 

power of common pleas to adjust, 369 

redeeming existing indebtedness, 363 

statement of, to be published annually, 354 

independent, abolished by act of general assembly, 

when act to take effect, 911,912 

abolished, how, 10 

assessors, duties of, 917 

auditors, election of, 470 

created by act of assembly, when they may be 

abolished, 924, 926 

created by court of quarter sessions, when 

they may be abolished, 923, 924, 926 

creation of, 6 

decree erecting, court may vacate in certain 

cases, 922 

directors, election of, 918, 925 

elections in, regulated, 925 

election of school directors, 88 

elections, time and notice, 88 

formation, policy of the law against, 930 



GEINERAI, INDEX 581 

(The references are to the Sections.) 

School Districts — Continued, 
independent, 

how they may be formed, 919 

how property rights are determined when 
court refuses to continue, 913,914 

, policy of the law against formation of, 9 

proceedings, to continue, 912 

proceedings upon erection of new, 920 

property, revision of, upon abolition of, 926 

report of commissioners in proceedings to 

erect, 915 

reporting a new district, commissioners should 

annex draft, 916 

treasurers' accounts, 157 

when districts become such, 7 

when district may become, 7 

judgment against school district, 30 

against, land taken for library purposes, 507 

against, rendered by justice of peace, pro- 
cedure, ^^2 
lease of house and lot to school district, form of, 953 
legal process, service of, 61 
liable for teacher's compensation for attending 

county institute, 646 

liabilities of, 55, 75 

libraries, see "libaries," 491 

adjoining districts may join in establishing and 

maintaining free public libraries, 522 

establishment of, 491 

may establish and maintain free public li- 
braries, 501 
library, distribution of among the various schools, 506 
mandamus does not lie to compel directors to levy 

a special tax to pay districts' indebtedness, 419 

meeting, annual of directors, compensation, 183 

merged, adjustment of indebtedness, 380 

adjustment of rights and liabilities, 45,380 

merger of, rights and liabilities, 38 

negligence, liability, 63 

new, balance due to, for undue proportion of realty, 47 

certification of, 39 

directors, election of, 78 

division of property upon formation, 26 

when recognized independent, 7 

when territory becomes part of, 2>7 



582 GENERAL INDEX 

(The references are to the Sections.) 

School Districts — Continued. 

normal school districts, 828 

not bodies corporate or politic, 629 

order on treasurer, form of, 938 

physician, employment of by school board, liabiUty 

under act 1899, 629 

powers and liabilities, 55, 75 

no, except statutory grant, 64 

property conveyed by academy to, trustees, ap- 
pointment of, powers and duties, 905, 909 
measure of value of, in adjusting indebtedness, 382 
quasi corporations, 63 
with limited powers, 629 
real estate, may purchase, 56 
receiver appointed, 50 
residents, not entitled to free admission to schools 

of adjoining, 200 

revenue, liquor license money payable to, 931 

penalties recovered for trespass upon private 
property to be paid to school fund, 932, 933, 934 
rights and liabilities ascertained, 42 

second class, 14 

schools for deaf mute children, expenses, 208, 209 

separate, 2 

single, creation, 4 

state appropriation, orders for to be signed by su- 
perintendent of public instruction, 725 
state appropriation forfeited for failure to report 

amount of salary paid teachers, 595 

sue and be sued, may, 55 

sub-districts, abolishment of, 267 

sub-school districts of cities of second class, 790 

suits against, record of, 73 

suits by or against, management, 61 

tax, annual, to be provided to pay indebtedness in 

thirty years, 355 

of, to be received by treasurer, 147 

taxables in, triennial enumeration, 41 

taxes, additional assessment made of those moving 
into districts between last assessment and 
May first, 430 

may extend aid to already established libraries, 513 
teacher's compensation, while attending county in- 
stitute, school district liable for, 646 



GENERAL INDEX 583 

(The references are to the Sections.) 

School Districts — Continued. 

teachers of stenography and typewriting, may be 

employed, 593 
third class, 15, 796 
township, every township, a separate school dis- 
trict, 2 
merged into one borough, 53 
treasurer, bond of, form of, 939 
order on, form of, 938 
treasurer's remedy for erroneous surcharges, 163 
' trustee, appointment of, for property conveyed by 

academy to, 905 

water supply, contract for, 337 

witnesses, inhabitants, 7^ 

tuition, non-resident pupil, 246 

Schools, Evening. 

admittance, 7^9 

term, 274 

School Fund. 

auditors' fine for neglect of duty, 485 

fine of $300.00, failure to publish annual account, 480 

School Furniture. 

payment of, ordinary school tax may be used for 
payment of occasional additions to furniture 
when there is no building tax or fund, 411 

School Grounds. 

purchase of, special tax is authorized for the pur- 
chase of school grounds, ' 418 
School Houses. 

borrow money, to erect, 346 

burglary, breaking into at night, etc., 493 

consolidated districts, 4 

Cornplanter Indians, for, provision for erection of, 901 
employees may be dismissed by directors for refus- 
ing to be vaccinated, 59^ 
erection, when court will enjoin, 349 
erecting special tax authorized for purposes of 

erecting and furnishing buildings, 418 

debts, surplus of ordinary school tax may be used 

for payment of debts for building purposes, 412 

furnishing, special tax authorized for purchase of 
erecting and furnishing building, 418 



584 . ge;nerai, index 

(The references are to the Sections.) 

School Houses — Continued. 

lease of building for, special building tax may be 

used for, 422 

libraries, selection of, library purposes, 491 

library, may be used for purposes of, 502 

protection of, 325 

repairs, ordinary school tax may be used for the 
payment of occasional repairs when there is 
no building tax or fund, 411 

special building tax cannot be levied for or- 
dinary repairs, but see proviso, 421 
taxation, school houses belonging to any county, 
borough or district are exempt from county, city, 
borough, road, school and poor tax, 407 
uses, purposes for which it may be lawfully used, 609 

Schools, Joint. 

see note. 

establishment of, 230 

houses, building of, 231 

School Laws and Decisions. 

copies for distribution, 736 

to be placed bi-ennially in each public school, 735 

Schools, Normal — See "normal schools." 

pupils, powers to expel, 296 

Schools, Public High. 

admission to, 248 

appropriations, annual, 262 

attending from another school district, 272 

borrowing money for, 258 

branches to be taught, 251 

buildings, 255 

centralization, instruction, 271 
courses, supervision of, by state superintendent of 

public instruction, 266 

establishment of, 248 

established, may be, in any school district, 259 

evening, establishment, 278 

examination for admission, 248 

non-resident pupils, . 272 

expenses, payment of, 253 

grades of, 261 



gi;ne;ral inde^x 5^5 

(The references are to the Sections.) 

Schools, Public High — Continued. 



grounds, 






255 


joint high schools. 






260 


in boroughs, 






247 


in cities. 






247 


instruction, uniform course of, to be ] 


provided. 


259 


real estate, value, limit of. 






254 


renting, building for. 






255 


sites, how procured. 






256 


state aid, report to superintendent 


of 


public 


in- 


struction. 






264 


supervision over pupils, 






265 


over. 






249 


tax. 






257 


teachers, appointment of, 






249 


certificates. 






252 


dismissal. 






249 


employment of, 






263 


qualifications. 






252 


salaries of. 






249 


term, length of. 






253 


tuition, non-resident pupils, 






272 



School Supplies — See "books." 

agents for sale of, who cannot act as agents, mis- 
demeanor, punishment, 673 
president of school board, unlawful to be interested 

in the furnishing of books or any other supplies, 674 
purchase, 664 

ordinary school tax may be used for the pay- 
ment of school supplies, 411 

School Tax — ^See "building tax," "taxation," "tax col- 
lectors," 416,390,442,447 
adjusted valaution, county commissioners to fur- 
nish to board of directors and controllers, 400 
amount of tax and kind of taxables, 398, 399 
school board to determine amount of tax an- 
nually, 391^393 
annual meeting of tax collector and board of school 
directors and controllers to ascertain amount of 
unpaid taxes, 45^ 
assessment, additional assessment made of those 
moving into district between last assess- 
ment and first of May, 43° 



586 GDNSRAL INDEX 

(The references are to the Sections.) 

School Tax — Continued. 

in independent school districts, 432- 

in new school districts, 431 

of tax, 429 

book of tax collector to be kept subject to inspec- 
tion, 442 
building purposes, special, tax for, 413 
tax to be kept separate from the ordinary- 
school tax, , 417 
cities of third class, 434, 823 
claims, how and when claims must be filed, 428 
collection of taxes, in boroughs and townships, 435 
election of tax collector in boroughs and town- 
ships, 435 
in cities of the third class, shall be done by 
city treasurer, 820 
duplicates, when duplicates shall be issued, 440 
exonerations, 448 
power to school boards to make exonerations, 410 
fraudulent assessment, misdemeanor, 433 
levy, special tax can only be levied when there is a 
levy for ordinary school purposes, for the 
same year, 414 
time of making the levy, 394, 391 
unpaid taxes, tax collector may levy upon 
goods for unpaid taxes, 444 
libraries, purposes for, 425, 426 
lien of taxes, 427 
limitation, school tax limited, 401, 402 
injunction, when collection of will be restrained, 423 
ordinary school tax to be kept separate from the 

building tax, 417 

payment of, days and times fixed for payment and 

receipt of taxes, 446 

per capita tax of one dollar may be levied by di- 
rectors and controllers, 403, 405 
public notice to be given and a reduction made for 

prompt payment, 443 

purposes for which ordinary school tax may be 

used, 411,412 

reduction to be made for prompt payment, notice 

to be given, 443 

settlements, duty of tax collector to make settle- 
ments, 447, 449 
settlement with tax collector, school directors are 



GKN^RAI, INDEX 587 

(The references are to the Sections.) 

School Tax — Continued. 

personally liable if they make unlawful settle- 
ment with tax collector, 451 
special tax, amount, the extent of a special tax in 
limited to amount not exceeding the regular 
annual tax for each year, 414 
collection of special tax, 413 
for building purposes, 413, 418, 420, 421, 422 
purpose for which it may be used, 

413,418,420,421,422 
time of levy, 413 

subjects not taxable, 407 

surplus of ordinary school tax may be used for pay- 
ment of debts for building purposes, 412 
taxables, kind of, 398 
tax collector, compensation of tax collector, see 

"tax collector," 447 

trust property, tax on, 408, 409 

unpaid taxes, annual meeting of tax collector and 
board of school directors to ascertain amount 
of unpaid taxes, " 450 

tax collector may imprison delinquent for un- 
paid taxes where there are no goods, /j /]/) 
collector may sue delinquent for recovery of 

unpaid taxes, 445 

tax collector may levy upon goods for unpaid 
taxes, 444 

School Term. 

days for improvement of teachers, 524 

minimum, 523 
president of board of directors to certify the whole 
number of months the schools have been kept 

open, 525 

school month, 526 

Seal. 

department of public instruction, use of, 728 

directors, board of school, 60 

Second Class School Districts, 14 

Secretary — See "directors," "controllers." 

board of school directors, election, 121 

qualify to, president, 118 

school board, librarian, district libraries, 496 



588 GKNKRAI, INDEJX 

(The references are to the Sections.) 

Secretary Pro Tempore. 

board of school directors, iSi 

Sectarianism. 

appearances of, to be avoided in public schools, 606 
Bible is not a sectarianism, 610 

Holy Scriptures, reading of, not sectarian instruc- 
tion, 610 
school directors, neglecting or refusing to suspend 
teachers wearing any religious dress or emblem 
in public schools, guilty of misdemeanor, 608 
teachers, dismissal of, for violation of law, 608 
wearing of religious dress or emblem pro- 
hibited by law, 607 
use of school houses, 609 

Sectional School Boards. 

cities of first class, agents, 769 

election, term, 762 

organization, report, 'jdy 

powers and duties, "j^^ 

secretaries, 768 

Security. 

superintendent of public instruction, security of, 
see "bonds," 722 

Seminaries. 

taxation, certain seminaries are exempt from tax- 
ation, 407 

Settlement — See "auditors," "taxation," "school tax." 

auditors', appeal from, 488 

conclusive, unless appeal, 487 

Sexton — See "janitors." 

school or Sunday-school, of penalty for failure to 
comply with public health act, 619, 620 

Sites, School. 

bonds, issuing to purchase, 372 

condemning land for, see "eminent domain," 304 

county's land may be taken, 310 

high school sites, how procured , 256 



GEjNERAIv INDEX 589 

(The references are to the Sections.) 

Sites, School — Continued. 

land belonging to county may be taken for educa- 
tional purposes, 310 

occupy, power of directors to take ground for, 303 

school sites, location of, 303 

public burial places may be taken, 313 

report of viewers, , 307 

view, land taken for, time, notice, 303 

Small-pox — See "vaccination," "public health." 

child residing in house in which any person is 

suffering from, not allowed to attend school, 611 

duty of health authorities to furnish daily to per- 
sons in charge of schools, the names and lo- 
cation of persons suffering from, 618 
of physicians to report to secretary of school 
board in townships, names and residences of 
persons afflicted, 623 

Smull's Legislative Hand-Book. 

copies for distribution, 736 

to be placed in each public school, 735 

Societies, 

literary societies, 296 

.Special Tax — See "school tax," "taxation." 

amount, the extent of a special tax in any year, is 
limited to amount not exceeding the regular an- 
nual tax for such year, 414 
collection of special tax, 413 
levy of special tax, 413 
special tax can only be levied when there is a 
levy for ordinary school purposes for the 
same year, 414 
misappropriation of may render directors person- 
ally liable, 424 
purposes for which special tax is authorized, 

418,420,421,422 
for which special tax may be used, 

413,418,420,421,422 

State Appropriation. 

division of, upon formation of new district, 29 

forfeit, failure to make annual report, 205 



590 ge;ne;ral indsx 

(The references are to the Sections.) 

State Appropriation — Continued. 

forfeited, for failure to report salary paid teach- 
ers, 595 
high schools, 262 
normal schools, appropriation for, 865 
distribution, 877 
officers of institutions receiving state aid forbidden 

to furnish supplies, misdemeanor, 892, 893 

order for, duty of superintendent to sign, 725 

received by treasurers, school board, 147 

withdrawn, certificate of president, condition of 

out-houses, 335,336 

failure of president to certify, 335, 336 

Statement. 

indebtedness, annual statement must show in de- 
tail, filing, 358 
contents under act April 20, 1874, 358 
statement of, for purpose of increasing, 356 
statement of, to be published annually, 354 

State Normal School — See "normal schools." 

State Librarian. 

supervision and inspection of free public libraries, 521 
Stated Meeting. 

directors and controllers of, 169 

Statutes — See "acts of assembly cited," page 463. 

act June 24, 1895, P. L. 259, is constitutional, 381 

indebtedness, for increase of, construction of, 357 

Stationery — See "books," "schools," "school supplies." 

payment of, ordinary school tax may be used for 
the payment of stationery for use of the school 
board, 411 

Statutory. 

system of common schools is purely statutory, 241, i 

Stenographer — See "teachers." 

superintendent of public instruction authorized to 
employ, salary of, 734 



ge;nerai, indi;x 591 

(The references are to the Sections.) 

Stenography. 

teachers of, 593 

Studies — See "branches." 

high school, grades, 261 

Sub-school Districts. 

abolishment of, 267, 268 

cities of second class, powers of directors, 790 

Superintendent, District. 

in cities of first class, 770 

Superintendent of Common Schools — See "superintend- 
ent of public instruction," "county superintend- 
ent," "city and borough superintendents," "super- 
vising principals," 718 
certification of new school district, 39 
taxable inhabitants, to receive certificate thereof 
from county commissioners, 41 

Superintendent of Public Instruction. 

annual report to legislature, 727 

appointment, 717, 718, 719 

blank forms, duty to prepare and forward, ^2^) 

commission, required to issue, 697 

controversies, to settle, 723 

county superintendent has no authority to engage 
in profession of teaching for compensation 
and may be removed by superintendent of 
public instruction, 710 

removal of, by superintendent of public in- 
struction, 710,714,715 
creation of office, 717, 718 
may administer oath of office to county super- 
intendent, 686 
power to remove, 714, 729 
vacancies in office of, be filled by superintend- 
ent of public instruction, 693 
duty to provide a seal, 728 
high school courses, supervision of, 266 

Superintendent of Public Instruction. 

information, duty to give relative to school law, 724 
relative to rights and duties of parents, guar- 
dians, pupils and others, duty to give, 724 



592 GENERAL INDEX 

(The references are to the Sections.) 

Superintendent of Public Instruction — Continued. 

instruction, provide uniform course of, for high 

school, 259 

normal schools, duty to advise, 861 

notice of time and place of holding directors' tri- 
ennial convention to elect a county superin- 
tendent, duty to give, 687 
permanent state teachers' certificates, power to 

annul, 580 

to whom granted, 579 

powers and duties, ^22 

security to be furnished, 722 

school board to report amount of salary paid teach- 
ers, _ _ ^ 595 
laws and decisions to be bi-ennially placed in 
each public school, 735 
state appropriation, to sign order for, 724 
stenographer, to employ, salary of, 734 
Smull's legislative hand-book to be placed in each 

public school, 735 

summer assemblies, lecturers and instructors to be 

employed, 733 

taxables, number of, to be reported by county com- 
missioners, 730 
term of office, 717, 719 
teacher's permanent certificates, issuing of, 575 
vacancies, filling of, 720, 721 
Superintendent of Schools — See "county superintend- 
ent," "city and borough superintendent," "super- 
vising principals." 
in cities of first class, powers and duties, 770 
qualifications of applicants, 771 

Supervising Principal. 

duty of supervising principal, 681 
election of supervising principal, 680 
qualifications of supervising principal, 680 
removal of supervising principal, 681 
townships having a population of over four thou- 
sand may elect a supervising principal of schools, 680 

Suspension — See "pupils," teachers." 

pupils, by committee of board, 295 

of pupils, 294, 295 

high schools, from, 249 



rEnerai, index 593 

(The references are to the Sections.) 

Suits. 

corporate name of school districts, 6i 

by or against school districts, 6i 

record of, against school districts, 73 

Suits in Equity. 

merged school districts, 45 

Summer Assemblies. 

lecturers and instructors, 733 

Summons. 

compulsory school law, form of summons, 962 

service of, under compulsory school law, form of 

service, 963 

in school district, 61 

Sunday-school. 

superintendent of, penalty for failure to comply 
with public health acts, 619 

vaccination, persons in charge, required to refuse 
admission of any child except upon a certificate 
signed by a physician, 613 

System of Common Schools. 

special and statutory, 241, i 

Taxation— See ''tax collector," "school tax," "build- 
tax." 

amount, minutes of school board should show pro- 
ceedings and votes determining amount of 

/^^' , . 395, 396, 397 

of tax, kmd of taxables, 398, 399 

of tax, legal requirements as to determining 

tax, 293 

school board to determine the amount of tax 
annually, 3C)i, 393 

assessment, additional assessment made of those 
moving into district between last assess- 
ment and May ist, in each year, 430 
in independent school districts, 432 
in new districts, 4-^j 
of taxes in cities of third class, 434 
bond of collector of school tax, form of, 940 



594 GENERAiv inde;x 

(The references are to the Sections.) 

Taxation — Continued. 

book to be kept by tax collector subject to in- 
spection, 442 
building purposes, special tax for building pur- 
poses, 413,418,420 
tax, not to be levied during division of a town- 
ship or school district or erection of a bor- 
ough, 416 
collection of per capita tax, 403, 405 
of taxes in boroughs and townships, 435 
collector in cities of third class, city treasurer, 820 
of tax, settlement of accounts, 477 
compensation of tax collector, 477 
constitution provision, 390 
duplicates, when duplicates shall be issued, 440 
exonerations, 448 
power of school boards to make, minutes, 410 
fraudulent assessment of taxes, misdemeanor, 433 
funds raised by, security for land taken for school 

sites, 303 

in cities of third class, 823 

indebtedness of school districts, 49 

injunction, when collection of tax will be restrained, 423 
levy for unpaid taxes, collector may levy upon 

goods for unpaid taxes, 444 

minutes of school board should show resolu- 
tions and proceedings to levy, 395, 396, 397 
not to be made by directors except by affirma- 
tive votes of majority, 396 
of tax, time, 392 
tax to be levied but once a year, 392 
time of making, 394, 392 
time of making the levy, 391 
lien of taxes, 427 
libraries, for free public, 503 
library purposes for, 425, 426 
limitation, school tax limited, 401,402 
lien of taxes, when and how claims must be filed, 

427, 428 
meeting of school directors to determine amount 

of tax, 393, 395 

minutes of school board must show proceedings 
and votes determining amount of school tax, 

395> 396, 397 
of board of school directors, 393, 395 



GENKRAi, inde;x 595 

(The references are to the Sections.) 

Taxation — Continued. 

misappropriation of special tax may render direc- 
tors personally liable, 424 
oath of tax collector of school tax, form of, 941 
payment of taxes, days and times fixed for pay- 
ment and receipt of taxes, 446 
per capita tax of one dollar may be levied by di- 
rectors and controllers, 403 
to be in lieu of occupation tax, 405 
public notices to be given and a reduction made for 

prompt payment, 443 

reduction to be made for prompt payment, public 

notice to be given, 443 

school tax, purposes for which ordinary school tax 

may be used, 411,412 

settlements, duty of tax collector to make settle- 
ments, 447 
special levy, mandamus does not lie under act Feb. 
28, 1835, to compel directors to levy a special 
tax to pay districts' indebtedness, 419 
tax, amount, the extent of a special tax in any 
year is limited to amount not exceeding the 
regular annual tax for such year, 414 
tax collection, 413 
tax for building purpose, 413, 418, 420, 421, 422 
tax, levy, can only be levied when there is a 
levy for ordinary school purposes, for the 
same year. 414 
tax, levy of, time, 413 
tax, purposes for which it may be used, 

413,418,420,421,422 
when ordered, 49 

subjects not taxable, 407 

tax collector, election of tax collector in boroughs 

and townships, 435 

taxables, kind of, 398 

list of, to be furnished by county commission- 
ers to board of school directors and control- 
lers, 400 
triennial enumeration of taxables, 41 
trust property, tax on, 408, 409 
unpaid taxes, tax collector may sue delinquent for 

recovery of unpaid taxes, 445 

use, surplus of ordinary school tax may be used for 
payment of debts for building purposes, 412 



596 GE^NERAL INDSG 

(The references are to the Sections.) 

Taxation — Continued. 

valuation, last adjusted, to be procured from county 
commissioners by secretary of board of 
school directors, 138,400 

warrant to collector of school tax, 942 

Tax Collector. 

accounts, settlement of, 447 

annual meeting of tax collector with board of school 

directors to ascertain amount of unpaid tax, 450 

bond of tax collector, form of, 490 

removal of bond, 436, 439 

book to be kept open subject to inspection, 442 

certificate to county commissioners of unpaid 

school tax on unseated lands, form of, 943 

to prothonotary of unpaid balance due from 
collector, form of, 944 

collection of special taxes, 50 

compensation of tax collectors, 447 

election of tax collector, 435 

levy upon goods for unpaid taxes, 444 

notice, tax collector to give public notice and make 

a reduction for prompt payment, 443 

oath of tax collector, 439 

form of, 941 

powers and liabilities of tax collector, 441 

receipt of taxes, days and times fixed for payment, 446 
settlement, tax collector to make monthly payment 

of taxes collected to treasurer, 449 

school directors are personally liable to school dis- 
trict for unlawful settlement with tax collector, 

302,451 
tmpaid taxes, annual meeting of tax collector and 
of school directors to ascertain amount of 
unpaid taxes, 450 

imprisonment, tax collector may imprison de- 
linquent for unpaid taxes where there are no 
goods, 444 

levy, tax collector may levy upon goods for un- 
paid taxes, 444 
suits, tax collector may sue delinquent for re- 
covery of unpaid taxes, 445 
vacancies, how filled, 437, 438 



GENERAL INDEX 597 

(The references are to the Sections.) 

Taxes — See "tax collector," "taxation," "school tax," 
"building tax." 

adjusted valuation to be furnished to board of di- 
rectors and controllers by county commission- 
ers, 400 
amount for school purposes, taxables, 399 
legal requirements as to determining, 393, 395 
school board to determine amount of tax, an- 
nually, 391.393 
annual, for payment of interest and indebtedness 

required by constitution, 355 

meeting of tax collector and board of school 
directors and controllers to ascertain amount 
of unpaid taxes, 450 

assessment, additional assessment made of those 
moving into district between the last assess- 
'ment and first' of May in each year, 430 

of taxes, 429 

in independent school districts, 432 

in new school districts, 431 

of taxes in cities of third class, 434, 823 

book to be kept by tax collector and subject to in- 
spection, 442 
building purposes, special tax for, 413, 418, 420, 421, 422 
tax, not to be levied during division of town- 
ship or school district or the erection of a 
borough, 416 
tax, to be kept separate from the ordinary 
school tax, 417 
claims, when and how claims must be filed, 428 
collateral inheritance, gifts to public library free 

from, 504 

collection restrained, when collection will be en- 
joined, 423 
collector, accounts, settlement of, 478 
of, election of tax collector in boroughs and 
townships, 435 
collection of, high school, 257 
of, in independent districts, 8 
of taxes in boroughs and townships, 435 
district, to be received by treasurer, 147 
duplicates, when the duplicates shall be issued, 440 
evening schools, 277 
exonerations, 448 



598 ge;ne;raIv index 

(The references are to the Sections.) 

Taxes — ^Continued. 

power of school boards to make exonerations, 
minutes, 410 

fraudulent assessment, misdemeanor, 433 

high school, 257 

indebtedness, district to provide annual tax to pay 

principal and interest in thirty years, 355 

levy, not more than once a year, 392 

tax collector may levy upon goods for unpaid 

taxes, 444 

time of making, 391, 394 

when cannot be made, 40 

libraries, purposes, 425, 426 

school directors may extend aid to libraries al- 
ready established, 513 
library, tax for support of, not an increase of in- 
debtedness, under constitution, 351 
purposes, tax for, 501, 503, 522 
lien of taxes, 427 
limitation, school tax limited, " 401, 402 
ordinary tax to be kept separate from building tax, 417 
payment of, days and times fixed for payment and 

receipt of taxes, 446 

per capita tax of one dollar may be levied by di- 
rectors and controllers, 403, 405 
public notices to be given and a reduction made for 

prompt payment, 443 

purposes for which ordinary school tax may be 

used, 411,412 

reduction to be made for prompt payment, public 

notice to be given, 443 

resolution, to pay annual, for support of library, 351 

settlement by directors with collector, 302 

settlements, duty of tax collector to make settle- 
ments, 447 
special, collector of, duties, 50 
tax, amount, the extent,of a special tax in any 
year is limited to amount not exceeding the 
regular annual tax for such year, 414 
tax for building purposes, 413,418,420,421,422 
tax, levy, can only be levied when there is a 
levy for ordinary school purposes for the 
same year, 414 
surplus of ordinary school tax may be used for pay- 
ment of debts for building purposes, 412 



GIJNSRAI, INDKX 599 

(The references are to the Sections.) 

Taxes — Continued. 

subjects not taxable for school purposes, 407 

tax collector, compensation of tax collector, 447 

taxables, kind of, 398 

trust property, tax on, 408, 409 

uncollected tax of abolished school district, 20 

unpaid taxes, annual meeting of tax collector and 
board of school directors to ascertain amount 
of unpaid taxes, 450 

tax collector may imprison delinquent for un- 
paid taxes, where there are no goods, /]']/ [. 
tax collector may levy upon goods for unpaid 

taxes, / |/|/| 

tax collector may sue delinquent for recovery 
of unpaid tax, 445 

Taxables — See "taxation." 390 

county commissioners to report number of, to su- 
perintendent of public instruction, 730 
exemption, subjects exempt, 407 
subjects not taxable, 407 
triennial enumeration for school purposes, 41,400 

Taxpayer. 

suit by, to enjoin school director, 57 

Teachers. 

absent pupils, duty to report, 542 

admission of teachers from common schools to nor- 
mal schools, 846 
agreement between teacher and directors, form of, 936 
application for state normal diploma, forms of ap- 
plications, 951 
appointment of, right of patrons to petition for or 

against, 594 

athletics, 288 

attendance at city or borough institute to be re- 
ported by superintendent to board of school 
attendance at county institute, penalty for non- 

. attendance, 644 

at county institute to be reported by county 

superintendent to board of school directors, 651 

report, form of, 959 

blanks, health authorities to furnish certain forms, 617 

calisthenics, examination in, 293 



600 GENERAL INDEX 

(The references are to the Sections.) 

Teachers — Continued. 

certificate, annulled by county superintendent, no- 
tice, 703,704 

countersigning by county superintendent, 702 

for teaching in high schools, 252 
not necessary for teachers of stenography and 

typewriting, 593 

professional, to whom granted, 572 

provisional, to whom granted, 571 

"teachers' practical state certificate," form of, 952 

when certificate shall not be granted, 705 
compensation for attending county institute, 

645, 646, 647, 648 
competent, failure of school board to provide com- 
petent teachers, duty of county superintendent, 708 
contract of employment, 578 
corporal punishment, right to use, 602, 603 
county institutes, penalty for non-attendance, 644 
superintendent has no authority to engage in 
profession of teaching for compensation, re- 
moval from office, 710 
cruelty, power of the school board to pass upon the 

charge of, 601 

days for improvement of, 524 

dismissal, 577 

for disobedience, 598, 599 

for disobedience of reasonable rules of school 

board, _ 598 

for insubordination, 599 

of, accused entitled to be heard, 596 

of, for immorality, right to be heard, 596 

of, for incompetency, 597 

of, for refusing to be vaccinated, 598 
distinction, unlawful to make of race or color on 

account, 198 

election, 587, 589, 590 

of certain grades of, for two or three years, 577 

of, duty of directors to record vote, 591 

of, holding "permanent certificates," 577 

of, holding "professional certificates," " 577 

employment of, in high schools, 263 

of, under act June 25, 1895, 578 

evening schools, employment of, 275 

qualifications of, 276 

examination for permanent certificates, 575 



GENERAI, INDEX 6oi 

(The references are to the Sections.) 

Teachers — Continued. 

of, by county superintendent, 700, 701 

expel pupils, power to, 296 

government of schools, 603 

high schools, appointment, 249 

dismissal, 249 

employ of, 252 

qualifications, 252 

salaries, 249 

homes in, for friendless children, qualifications, etc., 220 

■ hygiene, examination in, 568 

interstate committee, 582 

institutes, for cities and boroughs, 652, 653 

loco parentis, is in, when child is placed by parent 

or guardian in school, 602, 603 

mechanic arts, 288 

minutes of school board, employment of teacher, 591 

monthly report, duty to make, 585 

names of, to be sent to county superintendent by 

secretary of school board, 146 

necessary, failure to elect, 188 

' office of, must be settled by quo warranto, 605 

ofifenses of pupils out of school, 604 

pay, failure, removal of director for, 189 

permanent certificate, committee on, at city and 

borough institutes, 654 

issued on recommendation of institute commit- 
tee, 576 
to whom granted, 574 
permanent state teachers' certificates, to whom 

granted, 579 

physical culture, examination in, 293, 567, 568 

private teacher, defined, 545 

qualifications of, 567 

removal by county superintendent, notice, 703, 704 

of, for bad moral character, notice, • 704 

report, duty to make monthly, 585 

form of teacher's attendance report, 959 

to, of children between ages of six and sixteen, 

form of report, 961 

to make monthly to secretary of school board, 136 
salary, minimum, 595 

not entitled to recover for teaching on legal 

holidays, 528 

order of, 136 



602 GENERAI. INDEX 

(The references are to the Sections.) 

Teachers — Continued. 

ordinary school tax may be used for the pay- 
ment of teachers' salaries, 411 
salary, payment of orders for, 150 
stenography of, 593 
school books, meeting with directors for selection, 

mandatory, 659, 663 

meeting with directors for re-election of, 

656,659,660,663 

notice to, of joint meeting for selection of, 661, 662 

object of meeting with board for selection of, 663 

school directors, power over teachers, 586 

typewriting of, 593 

vaccination, right to exclude pupils for failure to 

be vaccinated, 614 

women should not be excluded because of their sex, 519 

Teachers' Institutes — ^See "county institutes," 641,651 

see "city and borough institutes," 652, 655 

Term. 

end of, books, monthly report to be deposited with 

secretary of board of school directors, 137 

evening schools of, 274 

high school, length of, 253 

manual training, night school, 284 

office of school director, commencement of, 124 

expiration of, 125 

school to be kept in operation, 187 

Text Books— See "books," 656 

agents for sale of, who cannot act as agents, mis- 
demeanor, punishment, 673, 674 
Bible, reading of, in the public schools not sectarian 

instruction, 610 

is not a sectarian book, 610 
purchase, ordinary school tax may be used for the 

payment of school books, 411 

teachers' monthly report of, 585 

Tie Vote. 

decide, how to, lOl 



gsne;raiv inde;x 603 

(The references are to the Sections.) 

Title. 

adverse possession, school board, 308 

condemned land, for school sites, 308 

director, school, how settled, 107 

prescription, by school board, 308 

Third Class School District, 15 

Townships. 

a school district, 22 

adjoining, establishing joint schools, 232 

joint schools, ' 230 

may establish joint high school, 260 

annexation of land for educational purposes, 31 

alterations of lines of adjoining, 31 

alteration of township lines, effect, 20 

auditor, incompatible with that of school director, 109 
ineligible to office of school director, 490 

compensation, 486 

report of, 483 

settlement of treasurer's account, 162 

board of health in, power to make rules and regu- 
lations, 623 
borough created, when no division is caused, 25 
building tax, not to be levied during the division of 
a township or school district or erection of a bor- 
ough, 416 
centralization of schools, 268 
compensation, cannot demand from a borough 
school district for real estate annexed to 
borough, 21 
for school property, lost by incorporation of 
borough, 44 
distinct from borough, when not, 23 
division from borough, procedure, 24 
of, efifect of tax levy, 40 
every, a separate school district, 2 
health board of, school board to exercise powers of 

in townships, 623 

high school, 267 

indebtedness, collection- of, 49 

how credited, 5^ 

joint high school, may be established by, adjoining, 260 
libraries, may be established by adjoining, 515 

merger of, into borough, 38 



604 GENERAL INDEX 

(The references are to the Sections.) 

Townships — Continued. 

into borough, rights and liabilities, 38 

merged into one borough school district, 53 

nuisances, abatement of by school board, 624 

office, school director, exempt from serving in, 108 

part of, formed into a borough, residue remains a 

district as before, 22 

physicians in, duty to report certain cases to sec- 
retary of school board, 623 
portion annexed to borough, existing debt, appor- 
tionment, 38, 42, 380 
sanitary agent, appointment of, form of petition, 625, 633 
see "forms," 945 
compensation, 625 
school board, duties to make health regulations, 626 
not required to act as board of health for a new • 

borough erected therefrom, 24 

of, to exercise the power of board of health, 623 
school directors may be compelled to organize as a 

board of health, 627 

districts, claims against, 48 

secretary of board of school directors, election, 121 

suits against, record of, 73 

superintendent of schools, election, 676 

tax collector, election of tax collector in townships, 435 
taxes, collection of taxes in township, 435 

township, superintendent of schools, townships 
having a population of over five thousand may 
elect a superintendent of schools, 676 

to elect separate assessors, 3 

vaccination law applies to and is not limited to 

cities and boroughs, 621 

water supply, contract for, 337 

Township Superintendent of Schools — See "city and 
borough superintendents," "supervising princi- 
pals." 

Transportation. 

children, attending school, 234 

contract, directors not to be parties to, 239 

cost of, children attend school, 237 

pupils, to central school, 267 

to central school under centralization system, 271 



GENERAL INDEX 6oS 

(The references are to the Sections.) 

Transportation of Pupils. 

cost of, 237 

recovery for, 241 

Treasurer — See "directors, board of school." 

accounts, settlement by auditors, appeal, 469 

bond of treasurer of school district, form of, 939 

city, when he becomes school treasurer, 184 

county treasurer, accounts of county institutes to 
be filed in office of county treasurer, 649 

contribution to county institute, 643 

name and address of board of school directors to 

be sent to superintendent of public instruction, 134 
order on school, form of, 93^ 

school, when city treasurer becomes, 184 

third class cities, city treasurer, shall, ex-officio, be 

school treasurer, 818, 819 

school accounts, auditors settlement conclusive un- 
less appeal, 4^7 
auditors, presentation of claims, legal proofs of, 474 
expenses, pupils attending joint schools, 238 
tuition of pupils attending joint schools, 238 
district account, settlement, 47^ 

Triennial Convention — See "convention ;" see "direc- 
tors, school." 

convention of, 684 

directors expenses to be paid, misdemeanor for can- 
didate to pay directors' expenses, 711, 712 

Truants. 

attendance officers, power of, 536 

disposition of, 537 

proceedings against for disorderly conduct, 540 

special schools for, may be established, 539 

Trust Property. 

tax on, 408, 409 

Trustees. 

hold real estate for school purposes, 58 

libraries, see "libaries," 519 

conveyance by, 5^) 59 

discharged, when may be, 5^ 



6o6 GENERAL INDEX 

(The references are to the Sections.) 

Trustees — Continued. 

property conveyed by academy to common school 

district, account, 908 

appointment of, 905 

bond of, 907 

duties, 906 

removal of trustee, 909 

Tuition. 

children admitted to schools of other districts, how- 
paid, 242 
attending school in adjoining districts, how 
paid, 238 

non-resident pupil attending high school, payment, 2^2 
collection of, 246 

payment of, 246 

promise by non-resident parent to pay, 246 

tuition in joint schools, how paid, 338 

Typewriting, 

teachers of, 593 

Typhus Fever. 

child residing in house in which any person is suf- 
fering from, not allowed to attend school, 611 
duty of health authorities to furnish daily to per- 
sons in charge of schools, the names and lo- 
cation of persons suffering from, 618 
of physicians to report to secretary of school 
board in townships, names and residences of 
persons afflicted, 623 

Undertaker. 

penalty for failure to comply with public health 
acts, 619, 620 

United States Flag. 

purchase of, by school board, 327 

Universities. 

taxation — exempt from school tax, 407 

Vacancies. 

appointment made by school board, term, 97 

board of public education, of cities of first class, y^"^ 



GENERAL INDEX 607 

(The references are to the Sections.) 

Vacancicb — Continued. 

county superintendent, how filled, 693 

directors, school, power to declare, 171, 172, 173 

election, at any, filling of, 92 

resignation, without, 105 

school board, filling thereof by the board, 96 

filling unexpired term, 84 

how filled, 80 

school directors, when the board may fill, 94 

superintendent of public instruction, in office of, 720, 721 
tax collector, how vacancies are filled, 437, 438 

Vacation. 

school books, use of during, 655 

Vaccination. 

act June i8, 1895, P. L. 203, is constitutional, 622 

borough, liability of for expenses incurred by local 

board of health, employing physician, 631 

certificate of, must be presented by pupils, 616 

dismissal of teacher for refusing to be vaccinated, 598 
is a condition precedent to admission into the public 

schools, 616 

janitors, dismissal of, for refusing to be vaccinated, 598 
parents of a child who is refused admission to 
school because they cannot produce certificate of, 
are not liable to penalty of compulsory educa- 
tion law, 616 
ph3^sicians' certificate of, form of, 958 
or of small-pox under sec. 12, act June 18, 1895, 
see "forms," 615 
principals required to refuse admission of children 

to schools except upon physician's certificate, 613 
school directors, right of, to exclude pupils for 

failure to be vaccinated, 628 

teachers, right of, to exclude pupils for failure to be, 614 
townships, act June 18, 1895, relating to vaccina- 
tion of school children applies to, 621 

Valuation. 

last adjusted, of taxables to be procured from 
county commissioners, 138 



6oS GENERAL INDEX 

(The references are to the Sections.) 

Variola. 

child residing in house in which any person is 

suffering from, not allowed to attend school, 6il 

duty of health authorities to furnish daily to per- 
sons in charge of schools, the names and lo- 
cation of persons suffering from, 6i8 
duty of physicians to report to secretary of 
school board in townships to report names 
and residences of persons afflicted, 623 

Varioloid. 

child residing in house in which any person is suf- 
fering from, not allowed to attend school, 61 1 
duty of health authorities to furnish daily to per- 
sons in charge of schools the names and lo- 
cation of persons suffering from, 618 
of physicians to report to secretary of school 
board in townships names and residences 
of persons afflicted, 623 
Ventilation- 
school houses, 321 
View. 

burial places, condemning for school purposes, 
time, notice, 314 

petition for appointment to annex land for educa- 
tional purposes, 33 

school sites, time of holding, notices, 303 

Viewers. 

appeal from award, land taken for library purposes, 510 

appointment of, to condemn burial grounds, 314 

to condemn land belonging to the county, 312 

when land is taken for library purposes, 508 

burial grounds, appeal from award of, 315 

condemning, duty of, 314 

compensation, land taken for library purposes, 512 

condemning land, belonging to county, 312 

jury of, school sites, 303 

land belonging to county, duty of, 312 

library, property taken for purposes of, notice of 

meeting, 5^8 

meeting of, notice, view for library purposes, 508 



GENERAL INDEX ' 609 
(The references are to the Sections.) 

Viewers — Continued. 

report of, school site, ^07 

school sites, appointment, oq? 
to annex land for educational purposes, report of, 31, 34 

Visit. 

school directors duty of, 203 
Visitation. 

high schools, 2i;o 
Visiting Schools. 

duties of county superintendent, 709 
Votes. 

centralization, ^5g 

election of teachers, duty of school board to record, 591 

tie, how to decide, joi 

loses the question, j^g 

Washington's Birthday— See "legal holidays," 527 
Ward. 

directors, number of, may be increased to three for 

each ward, r 

efifect of change of residence, 105 

election of, after decrease in number, loc 

three for each ward, ^ 

for school purposes in cities and boroughs, 4 

residence, efifect of change of, 105 

school directors, decreasing the number, 99 

directors, three in each ward, 79 

property owned by wards, 4 

Warrant. 



collector of school tax, warrant to, form of warrant, 942 
school warrant not negotiable, 299 

Water. 

supply — contract for — term of contract, 337 

Water Closets. 

directors, removal for failure to provide proper, 332 

excrement and waste matter, duty of school direc- 
tors to remove, ^•74 



6lO GENERAL INDEX 

(The references are to the Sections.) 

Water Closets — Continued. 

houses, must be separate, 333 

number and arrangement for each school, 331 

school directors, petition for removal of school di- 
rectors for failure to provide closets according to 
law, 950 

Witnesses. 

auditors may compel the attendance of, 475 

competency, taxpayers, etc., 71 

Women. 

teachers, should not be excluded because of their 

sex, 592 

school directors, eligible to office of, 103 

Worship. 

taxation, places of stated worship are exempt from 
school tax, 407 

Year, School. 

close of, president's duty, 132 

Yellow Fever. 

child residing in hoi:se in which any person is suf- 
fering from, not allowed to attend school, 611 
duty of health authorities to furnish daily to per- 
sons in charge of schools, names and loca- 
tion of persons suffering from, 618 
of physicians to report to secretary of school 
board in townships, names and residences of 
persons afflicted, 623 



NOV 24 1906 



iSa 



K.'!^,"^ Z"" CONGRESS 



020 312 296 2 



